RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri J.J. Munir for the petitioners and Sri Bhagwati Prasad Singh, Senior Advocate, assisted by Sri Vivek Kumar Singh for the contesting respondents.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 09.10.2014 rejecting recall application of the petitioners for recalling order dated 04.08.2004, by which Revision Nos. 347/88 and 348/89 were decided, on compromise.
(3.) The dispute relates to the land of basic consolidation year khatas 52, 69, 95 -Aa and 95 -Ba of village Raipur Banger, tahsil Dadri, district Gautam Budh Nagar, which were jointly recorded in the names of predecessor of the petitioners and the respondents. Assistant Consolidation Officer referred the dispute in respect of shares of recorded tenure holders. Predecessor of the respondents contested the matter and stated that Jhagru and Rati Ram did not belong to their family and they were not the sons of Kewal and had no share in the disput land. The matter was remanded by Deputy Director of Consolidation, by order dated 06.04.1988, for fresh decision on merit after giving opportunity of hearing to the parties. After remand, the Consolidation Officer, by order dated 11.03.1998 decided shares of the parties, holding share of Jhagru as 1/3 in all the khatas. The branches of Shibba and Ram Sukh filed an appeal (registered as Appeal No. 58). One Ram Bhool, transferee of the land in dispute from Ram Karan also filed an appeal (registered as Appeal No. 357/62). Both the appeals were consolidated and heard by Settlement Officer Consolidation, Gautam Budh Nagar, who by his order dated 29.03.2003 allowed the appeals and held that share of Jhagru as 3/16 and share of Rati Ram as 1/6, in the land in dispute.;