Decided on April 20,1965

Kr. Sarjeet Singh And Another Appellant
Dy. Dir. Of Consolidation, U.P., Lucknow And Other Respondents


R.S.Pathak, J. - (1.)In proceedings for correction of records under Sec. 8 of the U.P. Consolidation of Holdings Act an objection was filed by the petitioners claiming certain plots in khata no. 2 as belonging exclusively to them. The claim was made on the basis of a family settlement. The Revenue records set out the names of particular co-tenants against the plots comprised in khata no. 2. None of them contested the claim of the petitioners except the 4th respondent Inderjit Singh. He appeared and asserted that he was a co-tenure holder and the claim by the petitioners could not be sustained by the settlement alleged by them. He urged that no effect had been given to the settlement and he was not a party to it. The Consolidation Officer accepted the case set up by the petitioners, and directed that all the names except those of the petitioners should be expunged.
(2.)An appeal was filed by Inderjit Singh before the Settlement Officer (Consolidation), and that appeal was dismissed. He then preferred a second appeal to the Deputy Director of Consolidation, who allowed the appeal and remanded the case for decision according to law. Upon remand the Settlement Officer (Consolidation) held that the private partition or family settlement could not be recognised and that it appears that no effect had been given to it. He directed that the entries in the record would remain intact as they stood before the order of the Consolidation Officer. The petitioners aggrieved by this order proceeded in revision under Sec. 48. The Deputy Director of Consolidation who heard the revision application found that the petitioners had impleaded only Inderjit Singh and that they had not impleaded all the co-tenure holders whose names found place in the revenue records. He held that all were necessary parties. He rejected the revision application as not maintainable.
(3.)The petitioners have filed the instant petition for certiorari against the order of the Deputy Director of Consolidation dismissing the revision application and the order of the Settlement Officer allowing the appeal of Inderjit Singh. The connected writ petition for certiorari has been filed by respondent no. 5, Amarjit Singh, who had also filed a revision application under Sec. 48 against the order of the Settlement Officer and whose revision application had also on the same ground been dismissed by the Deputy Director of Consolidation.

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