Yatindra Singh, J. - (1.) The dispute in this writ petition relates to three plots namely plot Nos. 137, 162 and 241/2. In the basic year consolidation records name of the petitioners were recorded over the property in dispute. Up-Pradhan of the village as well as the residents of village filed an objection that this property is Gaon Sabha property and it should lie so recorded. The Consolidation Officer (the CO) by his order dated 20.12.1971 held that the petitioners were rightly recorded over plot No. 241/2. However gave right to Gaon Sabha over plot Nos. 137 and 162 two appeals were filed. Both appeals were dismissed. One on 16.7.1972 and the other on 6.12.1972. Thereafter two revisions were filed which were dismissed on 22.9.1975. Hence the present writ petition.
(2.) I have heard Counsel for the petitioners and Standing Counsel for the respondents. Counsel for the petitioners submitted that petitioner had already filed civil suit which was decreed on 13.9.1965 and this decision is res judicata between the parties and the Deputy Director of Consolidation (the DDC) has wrongly rejected the submission of the petitioners on the ground that this document is not on record. The Standing Counsel submitted that this judgment was passed on the basis of the consent of the Pradhan and as no permission of the SDM was taken, it would not bind the parties.
(3.) I have heard considered the aforesaid submission. It is not necessary to record any finding in this regard. The DDC has not accepted the case of the petitioners on the ground that this document is not on record. Counsel for the petitioner has also pointed that the judgment of the C.O. in which it is mentioned that the decree of this judgment is on record. He has also shown paragraph 4 of the supplementary affidavit in which it is mentioned that these documents were on record. No counter affidavit has been filed. In view of this the DDC committed illegality in not considering this document of the petitioners and as such his judgment is incorrect so far as it relates to plot Nos. 137 and 162. This judgment is partly quashed. The parties may appear before the DDC on 22.12.2003 and the DDC after hearing Gaon Sabha concerned and the State of U.P. may pass orders in accordance with law. The order of the DDC is maintained in respect of plot No. 241/2.;