PREM BABU Vs. D D C
LAWS(ALL)-2014-3-93
HIGH COURT OF ALLAHABAD
Decided on March 25,2014

Prem Babu Appellant
VERSUS
D D C Respondents

JUDGEMENT

- (1.) HEARD Sri K. Ajit for the petitioner and Standing Counsel for the respondents.
(2.) THE writ petition has been filed against the order of Consolidation Officer dated 16.5.2006 and Deputy Director of Consolidation dated 23.11.2012 by which on the basis of order passed by the Sub -Divisional Officer in the proceedings under Section 202 of UP Z.A. & L.R. Act name of the petitioner has been deleted from the land in dispute. The land in dispute was recorded in the name of Rameshwar, Ram Kunwar and Prem Babu in the khatauni as asami and a suit under Section 202 of UP Consolidation of Holdings Act has been filed against the petitioner and several other persons for ejectment from the land in dispute as well as similar other land. The suit was initially decreed by Sub -Divisional Officer by order dated 18.3.2006. The petitioner challenged the aforesaid order in the appeal before the Sub -Divisional Officer which was allowed by order dated 14.11.2006 and the matter was remanded to Sub - Divisional Officer for giving opportunity of hearing to the petitioner as well as other similarly situated persons. After remand the matter was tried by Sub -Divisional Officer and after giving opportunity of hearing to the parties concerned, the Sub - Divisional Officer by order dated 13.10.2008 again upheld the earlier order and directed for ejectment of the petitioner from the land in dispute. The order of Sub - Divisional Officer dated 13.10.2008 has not been challenged by the petitioners and has become final between the parties.
(3.) ON the basis of the order of Sub -Divisional Officer dated 8.3.2006, State of UP has initiated proceedings under the provisions of UP Consolidation of Holdings Act for deleting the name of the petitioner. The Consolidation Officer by order dated 16.5.2006 allowed the objection of State of UP and directed to delete the name of the petitioner and other persons from the land in dispute. The petitioner filed a revision i.e. Revision No. 136 from the aforesaid order which has been dismissed by the Deputy Director of Consolidation by order dated 23.11.2012. Hence this writ petition has been filed with the delay of 1 year and 10 days.;


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