ADITYA KUMAR SINGH & ANOTHER Vs. SECRETARY TO GOVERNMENT, REVENUE & DISASTER MANAGEMENT DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The impugned order has been assailed by the petitioners on the sole premises that in view of the direction given by this Court in W.P. (C) No.27491 of 2013 specifically directing that in the event the Additional Sub-Collector finds that the lease has not been setaside, he shall direct for recording of the disputed land in the name of the petitioners, unless their status and children of the original lessee is disputed and the further direction by this Court in W.P. (C) No.27491 of 2013 that in case, the record of rights in respect of the disputed land has already been finally published in the meantime, the same shall be corrected and the authority below has failed in understanding the direction of this Court and consequently passed the wrong and illegal impugned order.

(2.) Learned counsel for the petitioners further contended that after the fresh inquiry, following the direction given by this Court in W.P. (C) No.27491 of 2013 the Additional Sub-Collector has recorded the land in favour of the petitioners clearly indicating that the lease has not been cancelled and in such event, it is claimed that in the Settlement Appeal the Additional Sub-Collector had no other option than to simply direct for recording the name of the petitioners by way of correction of the record of rights.

(3.) For convenience, this Court refers here the operative part of the direction of this Court in W.P. (C) No.27491 of 2013 which is quoted as herein below: