AMRESHWAR PRATAP SAHI,J. - (1.) THIS writ petition arises out of a dispute in relation to 1/3rd share claimed by the petitioner in the holding on the ground that the respondent no. 2-Raghuvanshi and the deceased respondent no. 3-Ram Sewak are real brothers and as such the said share should have been allocated to the petitioner. Instead, the petitioner was given only 3 Biswas of land whereas the respondents no. 2 and 3 were allotted an area of 18 Biswas, 1 Biswansi each.
(2.) THE contesting respondent no. 2 claimed that this share was allotted on the basis of a reconciliation and as such there is no error in the allocation of shares. The order on the basis of an alleged conciliation was passed by the Assistant Consolidation Officer against which an appeal came to be filed by the petitioner contending that no such compromise had been entered into and as such the said order deserves to be set aside.
(3.) BEFORE the appellate authority, the deceased respondent no. 3 appeared and admitted 1/3rd share of the petitioner and also admitted that no such compromise had taken place and accordingly the order dated 21st of January, 1978 was set aside on 21.08.1990 with a direction that the Consolidation Officer, Baberu shall now proceed to decide the dispute in accordance with law. A restoration application was filed by the respondent no. 2 against the said order which was rejected on 15.02.1993. Only, the respondent no. 2 went up in revision against the same. The deceased respondent no. 3 did not contest the appellate order. Before the Deputy Director of Consolidation, the matter was proceeded and again on the basis of a subsequent alleged compromise dated 03.08.1996, the revision was allowed in favour of the respondent no. 2.;