Krishna Murari, J. - (1.) Heard Sri Sankatha Rai, learned Counsel for the petitioner and Sri Ali Hasan appearing for the heirs of deceased respondent No. 3.
(2.) In spite of service of notice no one has appeared on behalf of other contesting respondents.
(3.) On an application moved by the petitioner to fix the eastern boundary of his chak consisting of plot Nos. 339, 340, 344 and 345 after measurements and accordingly make good the shortfall of 20 acres in the area of 1.55 acres of his chak, a reference was prepared and forwarded to the Deputy Director of Consolidation. The Deputy Director of Consolidation vide order dated 4.8.1980 did not accept the report and directed that fresh measurement of plot Nos. 338 and 339 allotted in the chak of the petitioner may be made after notice to the co-tenure-holders and in their presence and accordingly, a reference may be forwarded. In pursuance thereof Assistant Consolidation Officer submitted a report dated 30.6.1981 but the same was never forwarded by the Consolidation Officer or the Settlement Officer Consolidation. The Assistant Consolidation Officer submitted another report dated 16.8.1982 but the same was not again accepted by the Settlement Officer Consolidation. Yet another report was made by the Consolidation Officer on 8.10.1982 which was forwarded by the Settlement Officer Consolidation to the Deputy Director of Consolidation on 2.11.1982. In the meantime, on an application filed by the petitioner that no measurement has been made on the spot in pursuance to the order dated 4.8.1980 the Deputy Director of Consolidation passed an order dated 14.8.1983 that measurement may be made in his presence. However, the said order was not complied as no fresh measurement was made on the spot in the presence of Deputy Director of Consolidation. Later on the Deputy Director of Consolidation passed the impugned order dated 1.5.1985 accepting the reference.;