HARNARAIN AND ORS. Vs. DY. DIRECTOR OF CONSOLIDATION AND ORS.
LAWS(ALL)-2016-7-25
HIGH COURT OF ALLAHABAD
Decided on July 12,2016

Harnarain And Ors. Appellant
VERSUS
Dy. Director of Consolidation and Ors. Respondents

JUDGEMENT

- (1.) Heard Sri Ram Kishor Gupta for the petitioners.
(2.) The writ petition has been filed against the orders of Settlement Officer Consolidation dated 28.2.2015 and 10.9.2015 and Deputy Director of Consolidation dated 23.5.2016 passed in the proceeding under Section 9 B of UP Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) Accordingly to the petitioners, the village was placed under consolidation operation by notification dated 30.8.1986. The publication of the village under Section 9 of the Act took place on 5.2.1993. The petitioners filed a highly time barred objection under Section 9 on 4.12.2000 for determination of valuation of his plots 4347/1 area 1.262 hectare , 4349/2 area 0.064 hectare, 4703/2 area 0.358 hectare and 4709/5 area 0.568 hectare. According to the petitioner, all these plots were even level land and cultivation was going upon it. The Consolidation Officer by order dated 3.1.2001 directed for determination of valuation of the aforesaid plots at the rate of 40 paisa. It is alleged Sri Aman Singh Yadav, District Government Counsel, Mahoba filed an appeal registered as Appeal No. 52/2013 -14 against the order of Consolidation Officer on 12.12.2014. The Settlement Officer Consolidation called for a fresh report. The Assistant Consolidation Officer submitted his report dated 9.1.2015 thereafter the Settlement Officer Consolidation by the order dated 28.2.2015 allowed the appeal and set aside the order of Consolidation Officer in respect of plot no. 4347/1 area 1.262 hectare. The petitioners filed an application for recall of the aforesaid order. The recall application was heard by Settlement Officer Consolidation who by the order dated 10.9.2015 rejected the recall application of the petitioners. The petitioners challenged the aforesaid order in Revision No. 15 of 2014 -15 which has been dismissed by the Deputy Director of Consolidation dated 23.5.2016.;


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