- (1.) Heard Sri Girish Chandra Maurya for the petitioner and Sri Vinod Kumar Yadav for the caveator.
(2.) The writ petition has been filed against the order of Consolidation Officer dated 10.1.2011 by which he has set aside the order dated 22.6.2004 /22.10.2004 and restored the case to its original number condoning the delay and the order of Deputy Director of Consolidation dated 30.4.2016 dismissing the revision of the petitioner against the aforesaid order.
(3.) On the allegation that although chak carvation proceeding relating to chak of the petitioner has been settled upto the stage of Deputy Director Consolidation but subsequently he filed an application under Section 42-A of U.P. Consolidation of Holdings Act, 1953(hereinafter rferrd to as "the Act") and got his chak changed. The land which was reserved from play ground has been allotted to the chak of the petitioner, Dharma Raj, respondent-4, filed an application for recalling the aforesaid order on the allegation that the order has been secured by committing fraud on consolidation authorities. Subsequently, Gaon Sabha has also filed objection with similar prayer. Both the applications were consolidated and heard by the Consolidation Officer. The Consolidation Officer by order dated 10.1.2011 found that prima facie it appears that the order which has been secured by the petitioner was beyond the scope of power under Section 42-A of the Act. Thus, he condoned the delay and set aside the order dated 22.6.2004/22.10.2004 and restored the case to its original number. The petitioner challenged the aforesaid order in the revision which has been dismissed.;