RAM SWAROOP Vs. D.D.C., UNNAO AND ORS.
LAWS(ALL)-2015-8-224
HIGH COURT OF ALLAHABAD
Decided on August 31,2015

RAM SWAROOP Appellant
VERSUS
D.D.C., Unnao And Ors. Respondents

JUDGEMENT

Ram Surat Ram (Maurya), J. - (1.) Heard Sri Hari Bans Singh, for the petitioner and Sri R.S. Mishra, for the contesting respondents. The writ petition has been filed against the orders of Consolidation Officer dated 22.3.2014, allowing impleadment application of Shankar Singh (respondent -5), Settlement Officer Consolidation dated 14.11.2014 and Deputy Director of Consolidation dated 3.8.2015, dismissing appeal and revision of the petitioner against aforesaid order, in proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute relates to inheritance of the land in dispute, which belonged to late Ram Pyari. Respondent -4 filed an objection under Sec. 9 of the Act, for recording his name as an heir of Ram Pyari under her Will dated 15.5.1986. The petitioner filed another objection for recording his name as an heir of Ram Pyari under her will dated 13.7.1986. The Consolidation Officer by order dated 1.8.2000, directed to mutate the name of the petitioner as an heir of Ram Pyari. Respondent -4 filed an application for recall of the order dated 1.8.2000, which was allowed on 11.8.2000. Thereafter, Consolidation Officer by order dated 5.12.2000, directed to mutate the name of Keshav Prasad Giri (respondent -4) as an heir of Ram Pyari.
(3.) The petitioner filed an application for recall of the order dated 5.12.2000. The Consolidation Officer by order dated 31.1.2013, restrained the parties from transferring the land in dispute and directed for maintaining status quo on the spot. Shankar Singh (respondent -5) filed an application for his impleadment as party in the objection on 10.1.2014 on the ground that Keshav Prasad Giri (respondent -4) has executed a sale -deed dated 9.12.2013 of the disputed land in his favour and handed over possession to him over it. The petitioner contested the aforesaid application on the ground that respondent -5 was a pendente lite transferee and his sale -deed was hit by Sec. 52 of Transfer of Property Act, 1882. The Consolidation Officer by order dated 22.3.2014 held that as interest in the land in dispute has been assigned to respondents -5 as such he is liable to be impleaded as party in the objection. On these findings impleadment application has been allowed. The petitioner filed an appeal from the aforesaid order. Settlement Officer Consolidation by dated 14.11.2014 dismissed the appeal. The petitioner filed a revision against the aforesaid order. Deputy Director of Consolidation by order dated 3.8.2015, dismissed the revision. Hence this writ petition has been filed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.