- (1.) THIS writ petition has been filed for a writ of certiorari quashing the order dated 25.7.2005 passed by the Dy. Director of Consolidation (for short, DDC) in Revision No. 1520: Shrinath Vs. Kashi Ram and others.
(2.) THE dispute in the writ petition pertains to plot nos. 152, 173, 176, 179, 251B, 281, 362, 462 and 576, having a total area of 3 -10 -1. In the basic year, these 9 plots were recorded in the names of Ram Charan, Nanku and Shrinath.
(3.) THE Assistant Consolidation Officer (for short, ACO) on 5.2.1972 passed an order in Case No. 5972/72 on the basis of a compromise and held the shares of the recorded tenure -holders as follows: Ram Charan 1/6th Nanku 1/6th Shrinath 2/3rd On 27.5.1993 an appeal was filed against this compromise order by Nanku and Kashi Ram, son of Ram Charan, along with an application under section 5 of the Limitation Act. It was further alleged that Ram Charan resided outside the village in connection with his employment and no notice or information of the case was ever served upon them and that each of the parties had 1/3rd share in the property in dispute. The Settlement Officer of Consolidation (for short, SOC) by his order dated 30.4.2005 condoned delay in filing the appeal, set aside the compromise order and the share of the parties to be 1/3rd each. The appellate order was challenged by the opposite parties before the DDC, who by order dated 25.7.2005 allowed the revision, set aside the order of the SOC and affirmed that passed by the ACO. Aggrieved by the same, the instant writ petition has been preferred by the petitioners.;