RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri O. P. Pandey for the petitioners.
(2.) THIS writ petition has been filed against the orders of Deputy Director of Consolidation dated 13.11.1998, 07.01.1999 and 18.03.2014 arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute between the parties is in respect of the properties of Rama Kant Pandey, who was chak holder of chak no. 153 of village Zamin Katghar, tahsil and district Azamgarh. On the basis of an agreement to sell, Nand Lal (respondent -3) filed an objection for recording his name over the land in dispute. The Consolidation Officer, by order dated 19.10.1993, decided the case in terms of the compromise. Rama Kant Pandey filed an application for recall of the order, which was dismissed by Consolidation Officer by order dated 25.5.1995. Thereafter, Rama Kant Pandey filed a revision (registered as Revision No. 3/861) from the aforesaid order. It appears that in revision also, a compromise was filed. However, Deputy Director of Consolidation, by the order dated 13.11.1998, held that so far as the first chak of Rama Kant Pandey is concerned, illegal transfer was made on the basis of an agreement to sell as well as compromise before Consolidation Officer, as such, the property was directed to be vested in Gaon Sabha and so far as the second chak of Rama Kant Pandey was concerned, in the revision, a sale deed was filed, as such, the matter was remanded to Consolidation Officer to decide the case on the basis of the sale deed in respect of the second chak of Rama Kant Pandey.
(3.) AFTER passing the aforesaid order, Nand Lal filed a review application before Deputy Director of Consolidation on 21.11.1998 and Deputy Director of Consolidation, by order dated 07.01.1999 allowed the review application, on the ground that as along with the review application, the parties have filed a decree of the Civil Court and also filed a compromise on 24.12.1998, as such, the first chak which was directed to be vested in Gaon Sabha was directed to be recorded in the name of Nand Lal and the order dated 13.11.1998, in so far as it was in respect of the second chak, was not set aside. Admittedly, Rama Kant Pandey survived till 07.07.2012 and did not challenge the aforesaid order during his lifetime.;