Hon'ble Prakash Krishna, J. - (1.) RAISING a short dispute with regard to the ambit and scope of Section 42-A of the Uttar Pradesh Consolidation of Holdings Act, 1953, the present writ petition has been filed against the order dated 6th of April, 1983 whereby the Deputy Director of Consolidation has rejected the application filed by the petitioner for rectification of mistake in the order dated 12th of December, 1974.
(2.) THE background facts of the case may be noticed in brief. At the very outset, Sri D.S.P. Singh, learned counsel for the petitioner states that the dispute in the present writ petition is confined to Khata No. 25 Ka. A pedigree which is not in dispute has been given in para 2 of the writ petition. According to it, Suryanarain Singh was the common ancestor who left behind him three sons namely Jwala Prasad Singh, Mangla Prasad Singh and Ramnaresh Singh. The petitioner herein represents the branch of Ramnaresh Singh. The contesting respondents represents the branches of Jwala Prasad Singh and Mangla Prasad Singh. During the consolidation operation, Surendra Pratap Singh son of Jwala Prasad Singh filed an objection under Section 9-A of the UPCH Act for partition of his 1/6th share in the aforesaid Khata alongwith other Khatas which are no longer in dispute presently. It was stated that the holding is joint Hindu family property and after the death of Suryanarain Singh, his each son namely Jwala Prasad Singh, Mangla Prasad Singh and Ramnaresh Singh inherited 1/3rd share therein. Surendra Pratap Singh who is son of Jwala Prasad Singh claimed half share in Khata No. 24 Ka and 1/6th share in Khata No. 25 Ka. The said objection was rejected by the Consolidation Officer by order dated 26th of May, 1973.
(3.) THE matter was carried unsuccessfully, in appeal No. 1089 before the Settlement Officer of Consolidation who by the order dated 28th November, 1973 dismissed the appeal. THE matter was carried further in revision No. 532 by Surendra Pratap Singh before Deputy Director of Consolidation who by the order dated 12th of December, 1974 allowed the revision, set aside the orders of the two Courts below and passed an order holding the share of Surendra Pratap Singh 1/6th in Khata No. 25Ka. In the operative portion it was observed that the revision is allowed, the judgment and order of the two Courts below are hereby set aside and it is held that the revisionist will have half share in the other Khata and the opposite party No. 3 will have another half share. With regard to the Khata No. 25 Ka with which we are presently concerned it is mentioned that therein the opposite party No. 2 and opposite party No. 3 each will have 1/3rd share. An application to rectify the mistake in the last sentence of the said order, giving rise to the present writ petition, was filed by the petitioner on the allegations that instead of "opp. Party Nos. 2 and 3" it should have been as "opposite party Nos. 2 and 1" in the said order. The said application has been dismissed by the impugned order on the ground that it amounts reviewing of the earlier order and it will have severe consequences on the rights of the parties. Hence, the present writ petition.;