Decided on July 29,2013

Prakash S/O Meer Singh Appellant
Assistant Director Of Consolidation, Muzaffarnagar Respondents


- (1.) This writ petition was allowed by this court vide judgment and order dated 27-09-2012. The respondent Nos. 4, 5 and 6/1 to 6/4 filed review application No. 845 of 2012 on the ground that the learned Court has given a perverse finding to the effect that new plot No. 115 has not been carved out from plot Nos. 358, 361, 362, 392 and 295. This court vide order dated 6-4-2013, after perusal of certified copy of C.H.-41, which is a comparative table of new and old plot numbers, allowed the review application and ordered the judgment under review needs reconsideration and the judgment and order passed by this court dated 27-9-2012 was set aside and the matter was heard again.
(2.) The writ petition has been filed for issue of a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 20-8-1998, passed by Assistant Director of Consolidation, Muzaffarnagar Camp Haridwar at Roorkee and the judgment and order dated 4-6-1996 passed by the Settlement Officer Consolidation, Haridwar at Roorkee, Annexure Nos. 8 and 7 respectively to the writ petition, whereby the revision preferred by the petitioners has been dismissed by Assistant Director of Consolidation and the appeal preferred by respondent Nos. 4 to 6 has been allowed by the Settlement Officer Consolidation.
(3.) Briefly stated the facts of the case giving rise to this writ petition are that Smt. Usha Devi respondent No.7 was a big tenure holder and she was allotted Chak No. 110 in her original holding. This chak No. 110 was subsequently divided in three parts having number 110, 110-Sa and 110-Da. The petitioners purchased the share of Smt. Usha Devi through sale-deed dated 11-6-1992 of her chak numbered as 110- area 01 Bigha, 13 Biswas and 19 Biswansis of plot No. 115 of revenue village Khatki Pargana and Tehsil Roorkee District Haridwar.;

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