- (1.) Heard Sri S.C. Varma and Sri Ashok Kumar Singh, counsel for the petitioner and Sri Ramesh Chandra, counsel for the respondents.
(2.) This writ petition has been filed for quashing the orders of Deputy Director of Consolidation (respondent-1) dated 12.06.2013 and Assistant Settlement Officer Consolidation (respondent-2) dated 08.06.2004, by which delay in filing the restoration application has been condoned and revision filed by the petitioner against it has been dismissed.
(3.) The dispute relates to plot No. 53 (new number 50) of village Sarsena Khalsa, tahsil Nizamabad, district Azamgarh. In previous consolidation operation, the land in dispute was directed to be recorded in the names of Shiv Pujan, Munna Lal and Kishor sons of Sahaju. It is alleged that village was again placed in consolidation operation in the year 1979. Mumtaz and Liyakat Ali filed Suit No. 176 under Section 229-B of U.P. Act No. 1 of 1951. In spite of the fact that this suit was barred under 49 of U.P. Consolidation of Holding Act, 1953, (hereinafter referred to as the Act) and was also liable to be abated under Section 5 (2) of the Act as the village was again placed in consolidation operation in the year 1979, the suit was allegedly decreed by Additional Officer, First, Azamgarh on 17.01.1980 and the application filed by respondents-3 and 4 for recall of the decree dated 17.01.1980 was allegedly rejected on 26.12.1980. On the village being notified under Section 9 of the Act, it is alleged that the parties entered into compromise, which was recorded by Assistant Consolidation Officer on 20.10.1981. Respondents-3 and 4 and Kishor filed an appeal from the order of Assistant Consolidation Officer dated 20.10.1981 which was again compromised and dismissed on 11.03.1983.;