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2008 Supreme(All) 588

[2008(4) ADJ 421]
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN, J.
KAMESHWAR AND OTHERS ...........Petitioners
Versus
DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS ......Respondents
(Civil Misc. Writ Petition No. 3475 of 2008, decided on 7th March, 2008)

Advocates:
Counsel :
A.P. Tewari and S.S. Tripathi for the Petitioners; R.C. Singh, S.C. for the Respondents.

Headnote:U.P. Consolidation of Holdings Act, 1953—Sections 20 and 48—U.P. Consolidation of Holdings Rules, 1954—Rule 109—U.P. Zamindari Abolition and Land Reforms Rules, 1952—Rule 109—Revision—Maintainability of—Petitioners were allotted Chak No. 571 in Chak allotment proceedings—Asst. Consolidation Officer proposed three chaks to petitioners’ father—Objection filed by petitioner’s father, objecting allotment of chak on plot No. 1163, etc.—Consolidation Officer decided objection, affecting certain changes in chak of petitioners and other tenure-holders—In appeal against, Settlement Officer of Consolidation passed order that petitioners’ father was agreeable that his chak at plot No. 1267 be totally removed—And valuation be added in his chak at plot No. 1170—Against which revision dismissed by Dy. Director of Consolidation—Hence, petition against—Held, as chaks were modified by consent, petitioners' submission that their good quality land was taken away and they were given less valuation land, cannot be heard—Hence, no error in impugned orders. [Paras 10, 11, 12, 13 and 14]

       

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri A.P. Tiwari, learned counsel for the petitioners and Sri R.C. Singh, learned counsel appearing for the contesting respondents.

2. By this writ petition, the petitioners have prayed for quashing the order dated 26th December, 2007 passed by the Deputy Director of Consolidation in Revision No. 5/390/468/537/81, Revision No. 6/642/791 of 2005 and the order dated 11th February, 1981 passed by the Settlement Officer of Consolidation as well as the order dated 10th April, 2006 passed by the Consolidation Officer.

3. Brief facts necessary for deciding the writ petition are; the petitioners were allotted Chak No. 571 in chak allotment proceedings under the U.P. Consolidation of Holdings Act, 1953. The Assistant Consolidation Officer proposed three chaks to the petitioners father, Madan Gopal. An objection was filed by petitioners’ father under Section 20 of U.P. Consolidation of Holdings Act, 1953 objecting allotment of Chak on Plot No. 1163 etc. The Consolidation Officer decided the objection affecting certain changes in the chak of the petitioners and other tenure holders. An appeal was filed by the petitioners before the Settlement Officer of Consolidation. The respondents and other tenure holders also filed appeals. The Settlement Officer of Consolidation made spot inspection and after hearing all the parties decided the appeal by order dated 11th February, 1981. The Settlement Officer of Consolidation recorded in the order that petitioners’ father was agreeable that his chak at Plot No. 1267 be totally removed and the valuation be added in his chak at Plot No. 1170. Against the order passed by Settlement Officer of Consolidation a revision was filed by petitioners’ father challenging the order passed by Settlement Officer of Consolidation in different appeals. The Deputy Director of Consolidation initially by order dated 15th April, 2002 allowed the revision, which order, however, was subsequently recalled. An order was passed on 12th July, 1996 rejecting the impleadment application of one Yasin and thereafter dismissing the revision. Against the said orders a writ petition being Writ Petition No. 26420 of 1996 was filed by the petitioners, which writ petition was disposed of directing the Deputy Director of Consolidation to dispose of the revision finally within a period of three months. An objection regarding maintainability of the revision was raised by the respondents, which was decided by order dated 28th February, 2002 holding the revision maintainable. Subsequently on an application moved for recall of the order by Manokamna and others the order dated 28th February, 2002 was recalled on 12th May, 2006. The petitioners filed a writ petition challenging the aforesaid order. This Court by order dated 10th July, 2006 passed in Writ Petition No. 30957 of 2006 disposed of the writ petition directing the Deputy Director of Consolidation to decide the revision after hearing the concerned parties on merits. The respondents moved an application for modification of the above order of this Court, which application was disposed of permitting the respondents to raise all the questions of law and facts before the Deputy Director of Consolidation including the question of maintainability. Subsequently, the Deputy Director of Consolidation by the impugned order dated 26th December, 2007 has rejected the revision. In the writ petition order dated 26th December, 2007 has been prayed to be quashed. Another set of orders, which have sought to be quashed in the writ petition are the order dated 10th April, 2006 passed by the Consolidation Officer under Rule 109 of U.P. Consolidation of Holdings Rules, 1954 and the order of Deputy Director of Consolidation dated 26th December, 2007 dismissing the revision filed by the petitioners against the order dated 10th April, 2006.

4. Learned counsel for the petitioners challenging the orders, contended that the order of the Settlement Officer of Consolidation dated
















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