LAWS(UPCDRC)-2009-3-2

BAIJNATH RAJBHAR Vs. ALOK KUMAR

Decided On March 05, 2009
Baijnath Rajbhar Appellant
V/S
ALOK KUMAR Respondents

JUDGEMENT

(1.) BOTH these appeals having arisen out of the one and the same judgment dated 13.7.2006 are taken up together for disposal.

(2.) WHEREAS Appeal No. 2010/06 has been filed by the complainant Sri Baijnath Rajbhar, the other Appeal No. 2553/2006 has been preferred by Sri Alok Kumar, the then Consolidation Officer, Ghazipur. Sri Baijnath Rajbhar prayed for enhancement of the compensation while the Assistant Consolidation Officer prayed for reversal of the judgment as the latter had asserted that he was not responsible for the loss of the record. A short question arises for determination and it may be framed as under:

(3.) THE complainant Baijnath Rajbhar filed his complaint before the Forum below with the allegations that the three officials of the Consolidation Department had failed to furnish to him the copy of the ex parte judgment dated 16.11.1997. According to him his real brother Sarju had filed an appeal in the Court of Consolidation Officer, District Ghazipur and obtained an ex parte order dated 16.11.1997 on the basis of forged and fictitious compromise dated 12.11.1997. The complainant came to learn about the ex parte judgment when he came to village on 23.4.1998. He moved an application dated 20.11.2001 praying for issuance of the copy of the judgment dated 16.11.1997 but despite his sincere efforts he could not get it. He then moved an application to the Assistant Consolidation Officer for necessary action in the matter. Despite a mandate to the subordinate authorities regarding issuance of the copy of the judgment the officials concerned failed to furnish. He was conveyed by Sri Ramjeet Yadav who was the Reader of the Consolidation Court that the concerned file was not traceable.