Sudhir Narain, J. - (1.) This writ petition is directed against the order passed by the Consolidation Officer on 16.11.1987 expunging the name of the petitioner from the revenue record and the order passed by the Deputy Director of Consolidation on 16.8.1989 affirming the said order in the revision.
(2.) The consolidation proceedings started in the village Bhathwa, Tahsil Padrauna. district Deoria. The consolidation Lekhpal submitted report stating therein that the Consolidation Officer by his order dated 24.4.1982 left the plot No. 846 area 0.14, plot No. 847 area 0.17 and plot No. 848 area 0.07 decinal, for Abadi purpose. This order was incorporated in C.H. Form 23, Part 3. These plots were given new No. as plot No. 343 area 0.35 decimal. In C.H. Form 41, it was indicated as plot No. 343 area 0.38 and recorded as Naveen Parti and was marked in Khata No. 267 but latter on a fraudulent entry was made making it Khata No. 97 in C. H. Form No. 45. This plot No. 343 area 0.35 decimal was shown in Khata No. 97 and the name of petitioner was recorded. In the report he submitted that this entry was totally fraudulent. On submission of this report, the Consolidation Officer gave notice to the petitioner. The petitioner filed an application that he may be given time to produce evidence. The Consolidation Officer rejected the application and after looking to the record, found that forgery has been committed in C.H. Form 41 and C.H. Form 45, and directed to make correction in the entries. The petitioner filed revision before the Deputy Director of Consolidation. The Deputy Director of Consolidation after considering in detail the report of the Consolidation Lekhpal and other material on record affirmed the finding recorded by the Consolidation Officer that the entries were collusively manipulated and they were fictitious. He dismissed the revision by the Impugned order dated 16.8.1989 and further directed that action be taken against all the persons responsible for making fictitious entries. This order has been challenged in the instant writ petition.
(3.) I have heard Shri Ramesh Chandra, learned counsel for the petitioner, Shri Upendra Mishra as well as Vishram Tiwari, learned counsel for respondents.;