GUJRATI Vs. ASSISTANT DIRECTOR OF CONSOLIDATION CHANDAULI

JUDGEMENT

(1.) B. Dikshit, J. During consolidation operation a dispute arose in respect of Khata No. 233, 170 and 478 of village Baghai, Kumbhapur, Pargana Narwan, Tehsil Chandauli, district Varanasi. As one Nar Singh Chaube son of Satya Narain Chaube, who is dead, was aggrieved by the order passed by Consolidation Officer, he preferred an appeal, wherein an ex pane order dated 25-10-1977 was passed. An application to set aside ex pane order was moved. The ex pane order was set-aside by Settlement Officer Consolidation on 25-10-1989 and appeal was restored to its original number. Aggrieved by the order of restoration, a revision was preferred by Jokhan, Ram Mohan and Shiv Mohan. During pendency of revision one of the opposite party Smt. Kaushalya died and her Annapurna Devi was substituted as daughter. The order of substitution was passed by Assistant Director of Consolidation substituting Annapurna Devi was passed on the day application for substitution was moved without giving any opportunity to petitioner to object against it. When the petitioner came to know about it on 8-7-1981, she raised objection to the effect that Smt. Annapurna was not daughter of Smt. Kaushalya Devi but she was the heir of Smt. Kaushalya Devi. The application of petitioner was rejected by Additional Director of Consolidation without inviting objection by order dated 18-9-1981 (Annexure 6 to the writ petition) which has given, rise to this writ petition.

(2.) LEARNED Counsel for the petitioner was permitted to file certified copy of ex pane order dated 9-3- 1981. The Counsel for parties were heard also on that certified copy of order.

(3.) FOR aforesaid reasons the writ petition is allowed, order passed by Assistant Director of Consolidation 18-9-1981 (Annexure-6 to the writ petition) and the order dated 9-3-1981 (Annexure-3 to the writ petition) are quashed. The Assistant Director of Consolidation is directed to decide the application dated 8-7-1981 of petitioner afresh in the light of observation made above. Petition allowed. .