ABU YADAV Vs. D D C , AZAMGARH AND OTHERS
LAWS(ALL)-2018-5-644
HIGH COURT OF ALLAHABAD
Decided on May 08,2018

Abu Yadav Appellant
VERSUS
D D C , Azamgarh And Others Respondents

JUDGEMENT

Salil Kumar Rai, J. - (1.) Heard learned counsel for the parties.
(2.) The dispute in the present writ petition as well as in the consolidation proceedings from which the present writ petition arises relates to Plot Nos. 561 and 562 of which the petitioner as well as respondent Nos. 3 to 5 were recorded as co-tenure holders. It has been alleged in the writ petition that during the consolidation proceedings held in the Village, petitioner filed objections under Section 9-A of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') alleging that respondent Nos. 3 to 5 have been wrongly recorded as co-tenure holders of the disputed plots and he was the sole tenure holder of the same. It has been alleged in the writ petition that on the aforesaid objections filed by the petitioner, Case No. 6676 was registered under Section 9-A of the Act, 1953 and the said objections were decided by order dated 11.4.1972 passed by the Assistant Consolidation Officer (hereinafter referred to as, 'A.C.O.') on a compromise entered into between the parties and the said order was also recorded in the Revenue Records. However, Appeal against the aforesaid order dated 11.4.1972, was filed by respondent Nos. 3 to 5 before the Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.'), which was allowed by the S.O.C. vide his order dated 30.7.1991. Consequently, the petitioner filed Revision under Section 48 of the Act, 1953 before respondent No. 1-Deputy Director of Consolidation, Azamgarh (hereinafter referred to as, 'D.D.C.'), which was dismissed by the D.D.C. vide his order dated 7.2.2000 on the ground of delay. The orders dated 7.2.2000 passed by the D.D.C. and 30.7.1991 passed by the S.O.C. have been challenged in the present writ petition.
(3.) It has been stated in the counter affidavit filed by respondent Nos. 3 to 5 that the alleged order dated 11.4.1972 passed by the A.C.O. is a forged and fraudulent order and no Case No. 6676 was ever registered in the Court of A.C.O. and consequently the reference to the aforesaid order of the A.C.O. in the Revenue Records is also forged.;


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