RAKESH SHARMA,J. - (1.) HEARD Sri M.C. Singh, learned counsel for the petitioners as well as learned Standing Counsel, representing the State respondents and perused the materials on record.
(2.) HERE is a writ petition, which has been filed by Smt. Madhu and Smt. Babli, who had subsequently purchased the plots of land situate in Village Dadupur, Pargana Dhankaul, Tehsil Sadar, District Gautam Buddhnagar on 22nd June, 2006 by getting sale deed executed from one Sabir, Son of Alia, also resident of the said Village. Through this writ petition, the subsequent purchasers of the land, who had entered the scene on 22nd June, 2006, have assailed the order passed by the Settlement Officer, Consolidation on 12.10.2009. It emerges from the record that the consolidation proceedings were held in the abovesaid village in and around 1980. While the consolidation proceedings were pending, abovesaid Sabir, Son of Alia, land owner, wanted to sell the plots of land to Dharampal, Veer Singh and Satyawati etc. and, therefore, a formal application was submitted to the Settlement Officer, Consolidation by filing ApplicationNo. 592, under Section 5-Ga(2) of the U.P. Consolidation of Holdings Act, which was allowed by the Settlement Officer, Consolidation on 22.5.1985. After obtaining permission to sell the land to abovesaid persons on 22.5.1985, a sale deed was executed by Sabir in favour of Dharampal, Veer Singh and Satyawati etc. on 6.6.1985. The Assistant Consolidation Officer, in Case No. 3144, had recorded the names of purchasers in the consolidation proceedings on 5.12.1985. An objection was raised by one Sukhram, which was also dealt with. A compromise was entered into between the objectors and the land owners, purchasers. Chak Nos. 246, 595 and 697 etc. were carved out and the possession were handedover to the Chakholders. Thereafter, after about 17 years of selling the land to the aforementioned persons, Sabir had made an attempt to challenge the order passed by the appropriate consolidation authorities on 5.12.1985 by which names of Dharampal etc. were recorded in the consolidation records. An appeal was preferred in the Court of Settlement Officer, Consolidation on 17.8.2002 seeking a relief in respect of Gata No. 819. Certain developments took place in this matter when Sabir sold the land to Smt. Madhu and Smt. Babli, the petitioners, by executing a sale deed on 22.6.2006. Interestingly, Smt. Madhu etc. in the same Appeal, shown Sabir as dead on 13.8.2006. They had entered into the litigation on this ground and sought to challenge the order passed in the year 1985. The Court has noted that Sabir, who had sold the land in the year 1985, had filed the Appeal ion 17.8.2002 (not by Smt. Madhu and Smt. Babli, who are petitioners before this Court). In the Application seeking condonation of delay, Sabir had submitted that he could learnt about the order, passed on 5.12.1985, only on 25.7.2002, when he obtained Khatauni from the Lekhpal. According to him, Sukhvir and Ramji Lal etc. have got their names entered in the revenue records illegally. He had submitted that he is a simple and uneducated person and as such he had no knowledge of issuance of the order dated 5.12.1985.
(3.) SRI M.C. Singh, learned counsel for the petitioners has placed reliance on the judgments reported in 2009 (3) ARC 563 D.D. Vaishnav Vs. State of M.P. and others and 2009 (3) ARC 204, State of Jharkhand and others Vs. Ashok KUmar Chokhani and others in support of his submission that the Settlement Officer, Consolidation could have entertained the application seeking condonation of delay, passed an order in the light of the submissions put-forth in the said application. He has unnecessarily gone into background and merits of the case.;