R.H.Zaidi - (1.) -Heard learned counsel for the parties.
(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 16.6.1995 passed by respondent No. 1. The relevant facts of the case, giving rise to the present petition, in brief, are that in the basic year, the name of Badri, father of the contesting respondents was recorded in the revenue papers over the land in dispute. On receipt of C.H. Form No. 5, objection was filed by the petitioners contending that the land in dispute was ancestral property and Badri, father of the respondent Nos. 2 to 4, got illegally and fictitiously recorded his name over the land in dispute in the revenue papers. Parties produced evidence, oral and documentary, in support of their cases. The Consolidation Officer, after going through the material on the record, allowed the objection filed by the petitioners by his judgment and order dated 14.2.1979. Feeling aggrieved by the judgment and order passed by the Consolidation Officer, Badri filed an appeal before the Settlement Officer, Consolidation. The Settlement Officer, Consolidation allowed the appeal by his judgment and order dated 31.3.1979. The petitioner, therefore, had to file a revision under Section 48 of the U. P. Consolidation of Holdings Act before the Deputy Director of Consolidation. The revision filed by the petitioners was dismissed by the Deputy Director of Consolidation by his judgment and order dated 17.4.1980. Therefore, the petitioners filed Writ Petition No. 4365 of 1980. The said writ petition was, after hearing the parties, allowed by this Court by judgment and order dated 13.9.1994 and the impugned order dated 17.4.1990 was quashed. The said order has become final as no appeal against the said order was filed by the contesting respondents. It appears that after about 11 years, Badri made an application before the Deputy Director of Consolidation for making a reference. On the said application, a reference was made and ultimately, the Deputy Director of Consolidation vide order dated 13.9.1984 expunged the names of the petitioners from the revenue papers, hence the present petition. On this petition, notices were issued to the contesting respondents who have filed their counter-affidavit controverting the facts stated in the writ petition in reply of which a rejoinder-affidavit has also been filed, denying the facts stated in the counter-affidavit and reasserting the facts stated in the writ petition.
(3.) LEARNED counsel for the petitioners vehemently urged that the judgment and order passed by this Court in Writ Petition No. 4365 of 1980 has become final between the parties. The same operates as res judicata. It has also been urged that the orders passed by the authorities below merged in the order passed by this Court in Writ Petition No. 4365 of 1980. The Deputy Director of Consolidation, therefore, had no jurisdiction to subsequently pass an order contrary to the order passed by this Court. According to him, the Deputy Director of Consolidation has committed contempt of this Court. It was further urged that the contesting respondents have slept over their rights for about 11 years, therefore, there was no justification for the Deputy Director of Consolidation to entertain their application for inviting a reference, he should have rejected the said application as not maintainable and barred by limitation. On the other hand, learned counsel for the contesting respondents supported by the validity of the order passed by the Deputy Director of Consolidation. It has been urged that this Court in Writ Petition No. 4365 of 1980, only quashed the order passed by the Deputy Director of Consolidation, dated 17.4.1980. The other orders passed by the Consolidation Officer and the Settlement Officer Consolidation were not touched, therefore, the Deputy Director of Consolidation was right in passing the impugned order. According to him, the writ petition had no merit, the same is liable to be dismissed.;