JUDGEMENT
RAM SURAT RAM (MAURYA), J. -
(1.) HEARD Sri K. C. Kishan Srivastav, for the petitioners and Sri K.N. Singh, for respondents.
(2.) BOTH the writ petition have been filed against common orders of Settlement Officer Consolidation (respondent -2) dated 15.02.2013, condoning delay and allowing
the appeal and remanding the matter for trial before Consolidation Officer and Deputy
Director of Consolidation (respondent -1) dated 21.01.2014, dismissing the revisions
of the petitioners against aforesaid order, arising out of title proceeding under U.P.
Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
The dispute between the parties relates to the land recorded on khatas 48, 53 and 56 of village Sagahat, pargana Dehat Amanat, district Varanasi. Three sets of
objections were filed during consolidation in respect of the land in dispute, one by
Smt. Matabi Devi, second by Bechan and others and third by Banshi, in the year 1992.
Before the Consolidation Officer, three compromises were filed on 13.06.1994. The
Consolidation Officer verified the compromises on 13.06.1994 and decided the
objections in terms of the compromises by order dated 17.06.1994.
(3.) RAM Adhar filed three appeals from the aforesaid orders alleging that the compromises were not signed by him and the Consolidation Officer illegally decided
the objections in terms of the compromise. Settlement Officer Consolidation, by his
order dated 23.10.1998 found that compromises were not signed by Ram Adhar as
such he allowed the appeals and set aside the order of Consolidation Officer dated
17.06.1998 and remanded the cases for trial on merit. On the restoration applications filed by the petitioners, the orders dated 23.10.1998 were recalled by order dated 22.10.2003
and the appeals were restored to its original number.;
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