- (1.) THIS writ petition has been filed for a writ of certiorari quashing the order dated 11.7.2013 passed by the Deputy Director of Consolidation whereby the revision of the petitioner has been dismissed and the order dated 18.12.2009 passed by the Settlement Officer, Consolidation, an order of remand, has been affirmed.
(2.) THE dispute in the writ petition pertains to Plot No. 587 area 1 acre over which two persons, namely, Halkuwa and Kunji sons of Bharosa were recorded under class 9. The respondent No. 4, Gore Lal filed a suit under section 229 -B of the U.P. Zamindari Abolition and Land Reforms Act, against the persons recorded under class 9. The Sub Divisional Officer by his judgment and decree dated 27.1.1986 ordered that the names of the plaintiff and also the defendants be expunged from the revenue records and the land to be recorded in the name of the Land Management Committee / Gaon Sabha, Bairwara. The plaintiff -respondent no:4 preferred an Appeal No. 129/109 under Section 331 (3) of the U.P. Zamindari Abolition & Land Reforms Act wherein an interim order was passed on 8.1.1987 staying the judgment and decree of the trial court. The aforesaid appeal and the suit itself were subsequently ordered to abate on 22.04.1989 under Section 5 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) on the start of consolidation operations. It appears from the record that on 15.5.1990 the land in dispute was allotted in favour of the petitioner by the Gaon Sabha which allotment was approved by the Sub Divisional Officer, Mahrauni and in pursuance thereof the name of the petitioner was recorded over this land in dispute.
(3.) AFTER the abatement of his suit, the respondent no:4 preferred an objection under Section 9 -A (2) of the Act which was dismissed by the Consolidation Officer vide order dated 11.3.2003 on the ground that the consolidation Courts have no right to go behind the allotment made by the Gaon Sabha in favour of the petitioner and that the remedy available to the respondent was under Section 198 (4) of the U.P. Zamindari Abolition & Land Reforms Act. The consequent appeal under section 11(2) of the Act was allowed on 11.03.2003 by the Settlement Officer Consolidation, the order of the Consolidation Officer and set aside and the matter was remanded for decision afresh on merits. This order of remand was challenged before the opposite party No. 1 which revision has been dismissed by the order impugned. I have heard Shri D.N. Gupta, learned counsel for the petitioner and Shri Anand Yadav, appearing for the Gaon Sabha.;