Ram Surat Ram (Maurya), J. - (1.) HEARD Sri C.S. Agnihotri and Sri Akhilesh Kumar, for the petitioners and Standing Counsel for respondent -3 and Sri Prabhakar Dwivedi, for respondent -4. Writ - B No. 3452 of 2015 has been filed against the orders of Settlement Officer Consolidation dated 18.7.2011 allowing the appeal of State of U.P. and setting aside the order of Assistant Consolidation Officer dated 17.2.1981 and 5.8.2013 rejecting recall application of the petitioners and Deputy Director of Consolidation dated 18.12.2014, dismissing revision of the petitioners, arising in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Writ B - No. 5971 of 2015 has been filed against the order of Settlement Officer Consolidation dated 29.5.2014, allowing the appeal of respondent -4 and setting aside order of Assistant Consolidation Officer dated 17.2.1981 and Deputy Director of Consolidation dated 18.12.2014, dismissing revision of the petitioners.
(2.) THE dispute between the parties in both the writ petitions relates to plots 4924 (area 400 links) and 3094 (area 450 links) of village Dubari, pargana Natthupur, district Mau. According to the petitioners, name of Gauri Shankar son of Akshaibar alone was recorded over it while according to respondent -4, in basic consolidation year, the land in dispute was recorded in the names of Rama Shankar, Gauri Shankar and Kripa Shankar sons of Akshaibar along with other plots in khata 1787. It is alleged by the petitioners that Ram Briksh, Bihari and Ram Chandra (now represented by the petitioners) filed an objection (registered as Case No. 5856), under section 9 -A of the Act, for recording their names, over all the aforesaid plots, claiming their adverse possession over it. The dispute was compromised between the parties, before Assistant Consolidation Officer, who by order dated 17.2.1981 directed for recording the names of the petitioners over the land in dispute. Fateh Bahadur (respondent -4) filed a time barred appeal (registered as Appeal No. 1496/1599/2013 -14), on 2.2.2011 from the order dated 17.2.1981, along with delay condonation application. State of U.P. (respondent -3) also filed a time barred appeal (registered as Appeal No. 2489), on 8.4.2011 from the order dated 17.2.1981, with prayer for condonation of delay. Settlement Officer Consolidation by order dated 18.7.2011 held that order of Assistant Consolidation Officer dated 17.2.1981 amounts to illegal transfer of disputed land and was passed without any notice to State of U.P. On these findings, delay in filing the appeal was condoned and the appeal was allowed. The petitioners filed an application dated 26.10.2012 for recall of order dated 18.7.2011 along with delay condonation application. Settlement Officer Consolidation by order dated 5.8.2013 rejected the recall application. The petitioners filed a revision (registered as Revision No. 392/2014 -15) from the aforesaid order. Deputy Director of Consolidation by order dated 18.12.2014 dismissed the revision. Hence Writ B No. 3452 of 2015 has been filed.
(3.) SETTLEMENT Officer Consolidation heard the appeal filed by Fateh Bahadur and by order dated 29.5.2014 held that as the order of Assistant Consolidation Officer dated 17.2.1981 has already been set aside in appeal filed by State of U.P. on 18.7.2011 and recall application dated 26.10.2012 filed by the petitioners for recalling order dated 18.7.2011 has also been rejected by order dated 5.8.2013 as such delay in filing the appeal was condoned and the appeal was allowed. The petitioners filed a revision (registered as Revision No. 470/2014 -15) from the aforesaid order. Deputy Director of Consolidation by order dated 18.12.2014 dismissed the revision. Hence Writ B No. 5971 of 2015 has been filed.;