- (1.) Heard Sri Dinesh Pathak, for the petitioners and Sri V.K. Dwivedi, for the respondents.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 17.02.1989, passed in Revision No. 3/948, Ram Singharey and others Vs. Mantora, arising out of title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as" the Act)".
(3.) The dispute relates to the land recorded in khata Nos. 1 and 56 of village Matiyar tappa Manwarpara, tahsil Harraiya, district Basti. In basic consolidation year, khatas in dispute were recorded in the name of Awadhu son of Ram Prasad (husband of Mantora) (now represented by the petitioners). Ram Singharey and Rajaram (respondents-2 and 3) (hereinafter referred to as the respondents) raised a dispute during partal, claiming co-tenancy in khatas in dispute to the extent of 1/2 share. Assistant Consolidation Officer, by his order dated 08.10.1973, directed for recording the names of the respondents as co-tenants of the land in dispute on the basis of the conciliation proceeding. Awadhu filed an appeal (registered as Appeal No. 6193) from the aforesaid order, on the ground that he had neither compromised the matter nor signed/put his thumb impression on the alleged conciliation proceeding. He has also filed his affidavit before the appellate court denying his signature/thumb impression on the alleged conciliation proceeding. No counter affidavit to the affidavit of Awadhu was filed before the appellate court. The appeal was heard by the Assistant Settlement Officer Consolidation, who by his order dated 09.06.1976 held that the conciliation proceeding dated 08.10.1973 was doubtful. On this finding, delay in filing of the appeal was condoned, the appeal was allowed, order of Assistant Consolidation Officer dated 08.10.1973 was set aside and the matter was remanded to the Consolidation Officer for deciding the dispute on merit after giving opportunity of hearing to the parties.;