Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Shashi Nandan, Senior Advocate, assisted by Sri Pankaj Kumar Mishra, for the petitioners, and Sri Arvind Srivastava and Sri Prabhakar Tripathi, for the respondents.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation dated 18.06.2007, allowing the appeal of the contesting respondent, setting aside the order of Consolidation Officer dated 07.07.1994 and remanding the case to Consolidation Officer for trial on merits and Deputy Director of Consolidation, dated 07.04.2015, dismissing the revision of the petitioners against the aforesaid order, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Murlidhar Dubey (now represented by the petitioners) filed an objection (registered as Case No. 8400) under Section 9 -A of the Act, on 06.10.1993 for declaring him as sole owner of plot 921/1 (area 90 Ares) of village Amra Khaira Chak, pargana Dehat Amanat, district Varanasi, which was left as chak -out. Murlidhar Dubey took plea that in family partition, this chak out portion of plot 921 was given in his exclusive share and since then it was in his exclusive possession. It may be mentioned that total area of plot 921 was 401 Ares. Out of which 90 Ares, which was roadside land, was left as chak -out and for remaining area was included in consolidation and another dispute was referred for partition of share of co -sharers.
(3.) IT is alleged that notices were issued to opposite parties by Assistant Consolidation Officer. The dispute was not settled before Assistant Consolidation Officer as such it was referred to Consolidation Officer, by report dated 25.11.1993 for decision after trial on merit. Thereafter, notices were issued on 25.12.1993, then the parties appeared. The case was adjourned on several dates for compromise but ultimately Consolidation Officer by order dated 02.06.1994, framed issues and fixed 24.06.1994 for evidence of Murlidhar Dubey. On 24.06.1994, the case was adjourned for 27.06.1994 for compromise. On 27.06.1994, a written compromise signed by Murlidhar Dubey, identified by Sri Vijay Kumar Dubey, Advocate and Rajit Dubey, Vindhyabasini Dubey and Chhannu Lal Dubey, identified by Sri Vinod Kumar Sharma, Advocate, whose vakalatnama was also filed by them on that day, was filed. The compromise was verified on 27.06.1994. Thereafter, the case was decided in terms of compromise by order of Consolidation Officer dated 07.07.1994.;