DUDH NATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS
LAWS(ALL)-2004-11-315
HIGH COURT OF ALLAHABAD
Decided on November 16,2004

DUDH NATH Appellant
VERSUS
Deputy Director of Consolidation and others Respondents

JUDGEMENT

Krishna Murari, J. - (1.) Heard Sri M.D. Singh "Shekhar", learned Counsel for the petitioner and learned Standing Counsel appearing for respondent Nos. 1, 2, 3 and 5.
(2.) Though the case has been taken up in the revised list, no one has appeared for respondent Nos. 4 and 6.
(3.) The dispute relates to plot No. 485-A and 485-B which was recorded as Pokhari in the basic year. An objection was filed by the petitioner on the ground that he alongwith respondent No. 6 was in possession over the said land since prior to Zamindari abolition and their names were recorded in the revenue record as Sirdar but the same has wrongly been deleted from the record by the Lekhpal without any notice to them. The said claim of the petitioner was contested by opposite party No. 4, Gaon Sabha on the ground hat land in dispute is Pokhari belonging to Gaon Sabha and the petitioner and re pondent No. 6 have no right over the same Initially, the objection filed by the petitioner was dismissed by the Consolidation Officer as barred by limitation. The appal filed by the petitioner against the said order was allowed by the /Settlement Officer. Consolidation and case was remanded back to Consolidation Officer for decision afresh on merits. After remand the Consolidation Officer vide order dated 5.3.1979 rejected the claim of the petitioner. Against the said order the petitioner filed an appeal before Settlement Officer, Consolidation. Since, the appeal was filed beyond the prescribed period of limitation as such an application under section 5 of Limitation Act for condonation of delay duly supported by an affidavit was also filed. The Settlement Officer, Consolidation condoned he delay and vide order dated 3.9.1980 allowed the appeal of the petitioner and held that the petitioner alongwith Opp. Party. No. 6 is entitled to be recorded as Sirdar over the land in dispute. Feeling aggrieved, Gaon Sabha and State of U.P. filed a r vision before which has been allowed by the Deputy Director of Consolidation vide impugned order dated 30.7.1982.;


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