SHYAM SUNDER NARAIN BAKSHI Vs. DY. DIRECTOR OF CONSOLIDATION AND OTHERS
LAWS(ALL)-1966-10-43
HIGH COURT OF ALLAHABAD
Decided on October 10,1966

Shyam Sunder Narain Bakshi Appellant
VERSUS
Dy. Director Of Consolidation And Others Respondents

JUDGEMENT

B.N.Nigam, J. - (1.)Shyam Sunder Narain Bakshi has filed this petition under Art. 226 of the Constitution praying for a writ of certiorari quashing the orders dated Jan. 8, 1965 and Feb. 6, 1985, copies being annexures 3 and 4 respectively.
(2.)In the petition, I have heard the learned counsel for the petitioner and the learned counsel for the opposite party No. 3.
(3.)The petitioner states that village Bhanpur Pargana and Tahsil Malihabad, District Lucknow was notified for consolidation operations prior to the amendment of U.P. Consolidation of Holdings Act by U.P. Act VIII of 1983. Four plots constituting groves were recorded in the name of the petitioner. Opposite party No. 3 raised an objection at the time of the field to field checking. No objection was filed before the Assistant Consolidation Officer but it was filed before the Consolidation Officer. This objection was dismissed on Nov. 19, 1981. Opposite party No. 3 filed an appeal. This was dismissed on Jan. 1, 1962. No second appeal was filed. However, on May 23, 1963 a revision application was filed and the revision application was dismissed on Aug. 9, 1963 on the ground that it was not maintainable as it was not pending on March 8, 1963. In the meantime the village was de-notified under Sec. 52 of the U.P. Consolidation of Holdings Act, on June 2, 1963. The order dated Aug. 9, 1963 was passed in the absence of opposite party No. 3. Opposite party No. 3 moved for restoration. This application was allowed on Oct. 14, 1963. The earlier order in the revision application was set aside and after hearing the case was remanded back to the court of the Consolidation Officer. Thereafter the Consolidation Officer allowed the objection of opposite party No. 3. The petitioner preferred an appeal which was allowed on April 14, 1964. Thereafter opposite party No. 3 preferred no second appeal, but preferred a revision application. His revision application was dismissed on Dec. 3, 1984. On Dec. 18, 1984 opposite party No. 3 moved another application for restoration. By order dated Jan. 8, 1965 the revision was restored. It is this order which has been impugned before me. Finally on Feb. 6, 1985 opposite party No. 1 allowed the revision application and ordered the land in dispute to be recorded in favour of opposite party No. 3. This order has also been impugned before me.


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