IN THE HIGH COURT OF ALLAHABAD
R. H. Zaidi, J.
SUKHJINDER JEET KAUR - Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION - Respondents
Writ Petition 24875 Of 2001
Decided On : 12/16/2002
Land Dispute - U.P. Zamindari Abolition and Land Reforms Act - Section 189, Section 11(1), Section 47 - The court discussed the validity of the order passed by the Assistant Consolidation Officer, the maintainability of appeals filed by the State Government, and the jurisdiction of the Settlement Officer, Consolidation and Deputy Director of Consolidation. The court held that the alleged compromise and family settlement were not collusive, and the State Government had no right to intervene in the matter. The court also interpreted Section 11(1) and Section 47 of the U.P. Zamindari Abolition and Land Reforms Act, emphasizing that appeals can only be filed by parties to the proceedings and no appeal or revision shall lie from any order passed under the Act except as provided by or under the Act.
Fact of the Case:
The dispute related to the ownership of land in village Chandayan, district Rampur. The contesting respondents got their names recorded on the land based on a compromise and family settlement, which the petitioners contested. The State of Uttar Pradesh intervened in the matter by filing belated appeals, claiming that the compromise and family settlement were collusive and the land vested in the State.
Finding of the Court:
The court found that the alleged compromise and family settlement were not collusive, and the State Government had no right to intervene. The court also held that the appeals filed by the State Government were not maintainable and the orders passed by the authorities below were illegal and without jurisdiction.
Issues: Validity of the compromise and family settlement, maintainability of appeals filed by the State Government, jurisdiction of the Settlement Officer, Consolidation, and Deputy Director of Consolidation.
Ratio Decidendi: The court emphasized that the alleged compromise and family settlement were not collusive, and the State Government had no right to intervene. The court also interpreted and applied Section 11(1) and Section 47 of the U.P. Zamindari Abolition and Land Reforms Act to determine the maintainability of the appeals filed by the State Government.
Final Decision: Both petitions were allowed, and the impugned orders were quashed. The Settlement Officer, Consolidation was directed to decide the appeal expeditiously after affording full opportunity of hearing and to produce evidence to the parties, in accordance with law.
( 1 ) IN both these petitions, common questions of law and fact are Involved. They are also directed against the same orders passed by the authorities below in the case relating to same property (in writ Petition No. 24110 of 2001 only order dated 19. 6. 2001, passed by the Deputy Director of consolidation has been challenged while in Writ Petition No. 24875 of 2001 said order dated 19. 6. 2001, as well as order dated 12. 1. 2001, passed by the Settlement Officer, Consolidation have been challenged ). Therefore, they are being disposed of by this common judgment. Writ petition No. 24110 of 2001 shall be the leading case.
( 2 ) DISPUTE relates to Khata Nos. 118, 130, 31 and 115 of village Chandayan, district Rampur, for short the land in dispute. In the basic year,. the land in dispute was recorded in the names of the petitioners (Khata No. 118 was recorded in the name of petitioner No. 1, Khata No, 130 in the name of petitioner No. 2, Khata No. 31 in the name of petitioner No. 3 and Khata No. 115 in the name of petitioner No. 4 of the leading case ). The contesting respondents, second set, Himmat singh and others, got their names recorded on the land in dispute vide order dated 16. 11. 1994 by filing an application before the Assistant Consolidation Officer claiming that there was a compromise between the parties. They also relied upon a family settlement. The aforesaid order was passed ex parte. When the petitioners came to know about the aforesaid order, they got the record of the case inspected through an advocate immediately and thereafter preferred four belated appeals before the Settlement Officer, Consolidation along with applications under section 5 of the Limitation Act. The applications filed by the petitioners for condonation of delay were allowed by the Settlement Officer, Consolidation vide his order dated 24. 7. 1996. The contesting respondents filed revisions before the Deputy Director of Consolidation challenging the order dated 24. 7. 1996. The Deputy Director of Consolidation allowed the said revisions by his Judgment and order dated 28. 11. 1997. The petitioners, thereafter approached this Court and filed Writ Petition No. 7519 of 1998. In the meanwhile, respondent No. 8, Arjun Sahakari Samlti also filed a belated objection under Section 9 of the U. P. Consolidation of Holdings Act, for short the Act, along with an application under Section 5 of the Limitation Act before the consolidation Officer. The Consolidation Officer condoned the delay by his order dated 20. 12. 1996. Petitioners thereafter filed revision against the said order, which was dismissed by the Deputy Director of Consolidation by judgment and order dated 28. 11. 1997. The petitioners thereafter filed Writ Petition No. 7520 of 1998 in this Court. While the aforesaid petitions were pending in this Court, respondent No. 2, State of Uttar Pradesh which was not a party to the proceedings before the Assistant Consolidation Officer, preferred four highly belated appeals against the judgment and order dated 16. 11. 1994, after six years of the order with an application under Section 5 of the Limitation Act. The contention of the respondent No. 2, in brief, was that the compromise and the family settlement relied upon by Kulbir Singh and others were collusive, therefore, they amounted to illegal transfers. Consequently, land in dispute vested in the State as provided under Section 189 of the U. P. Zamindari Abolition and Land Reforms Act.
( 3 ) AFTER condoning the delay, the Settlement Officer, Consolidation proceeded to decide the appeals on merits. The Settlement Officer, Consolidation allowed the appeals filed by the State of U. P. but instead of granting relief to the State Government directed the names of the petitioners of the leading case to be recorded on the land in dispute in the revenue papers after setting aside the order dated 16. 11. 1994, by his order dated 12. 1. 2001. Therefore, the petitioner applied for possession o
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