S.K. Singh, J. - (1.) Challenge in this petition is the judgment of the Deputy Director of Consolidation, Mirzapur dated 18.6.1999 by which restoration application filed by the petitioner against the order dated 5.5.1994 was dismissed on the ground of delay and the same being not maintainable.
(2.) Learned Counsel for the parties addressed the matter on the merits and they requested that writ petition may be finally disposed of as pleadings are complete and therefore, writ petition is being finally decided.
(3.) Submission of the learned Counsel for the petitioner is that the land in dispute was allotted to the petitioner on 13.11.1963 by Bhudan Yagya Samiti on the basis of which rights of the petitioner was accepted during the consolidation proceedings and ultimately reference was prepared which was accepted/approved by the Deputy Director of Consolidation by order dated 25.7.1968. It is submitted that accordingly in the last extract as are prepared at the close of the consolidation the name of the petitioner came. It is further submitted that by depositing required amount Bhumidhari Sanad was also issued in favour of the petitioner and thus petitioner treating himself to be Bhumidhar of the land raised construction over a portion and some portion of the land was also transferred to certain persons of the village. Submission is that all the aforesaid action in respect to the land in dispute was well in the knowledge of the Gaon Sabha but nobody raised any objection for the last about 20-25 years. Submission is that in fact respondent No. 3 who is a monied man with an intention to grab the land in dispute initially got an application moved under sections 33/39 of the Land Revenue Act for correction of the entry made during the consolidation proceedings and thereafter on account of interference at the instance of the respondent No. 3 in the petitioner's possession suit was filed for permanent injunction i.e. Suit No. 43 of 1990 which is still pending. Submission is that during pendency of the aforesaid proceedings after about 25 years, an application was filed on behalf of the Gaon Sabha in the year 1991 for setting aside the order of Deputy Director of Consolidation dated 25.7.1968 and the entry in favour of the petitioner on the ground that it is fraudulent. Submission is that in view of the application moved by the Gaon Sabha, referred above, Deputy Director of Consolidation proceeded and without opportunity to the petitioner by order dated 5.5.1994 the entry in the name of the petitioner was directed to be expunged and thereafter restoration application filed by the petitioner has also been dismissed by the impugned order. Thus, in the above background submission is that entire exercise adverse to the petitioner's interest is in gross violation of principle of natural justice.;