Anjani Kumar Mishra, J. - (1.) HEARD Sri H.N.B. Sinha, learned Counsel for the petitioner and Sri M.K. Tiwari, who appears for the contesting respondent. This petition arises out of an objection under section 12 of the U.P. Consolidation of Holdings Act (in short, the C.H. Act) and is directed against the order dated 23.12.2009 passed by the Deputy Director of Consolidation, Allahabad (in short, the DDC) in Revision No. 1671/1343, Sri Bhagwan Singh v. Raj Ballabh and others.
(2.) FACTS of the case, briefly stated, are that a registered sale -deed was executed on 27.7.1981 by Ramanand in favour of six persons. The sale -deed was a composite sale -deed. An objection was filed seeking mutation on the basis of the said sale -deed. The Consolidation Officer by his order dated 14.10.1981 passed an order on the basis of a compromise, whereby the names of the parties were recorded over respective portions as per the compromise itself. It appears that subsequently in proceedings under section 42 -A, an order was passed by the Consolidation Officer on 18.5.1982 allotting specific portions of the land purchased by the vendors. It appears that on the basis of these orders, proceedings under section 41 of the U.P. Land Revenue Act for correction of boundaries was filed by Sri Bhagwan Singh, respondent No. 3, in the writ petition. It is by means of these proceedings, the petitioner alleges, that he acquired knowledge of the orders passed by the Consolidation Officer in the objection under section 12.
(3.) AGGRIEVED thereby, the petitioner filed an appeal against the compromise order along with an application for condonation of delay. This appeal was filed in the year 2006. The Settlement Officer, (in short, the S.O.C.), by his order dated 5.10.2007, condoned the delay in filing the appeal and remanded the matter to the Consolidation Officer for passing fresh orders after hearing the parties. This order of remand was challenged by means of a revision by respondent No. 3, Sri Bhagwan Singh.;