A.P.Sahi - (1.) THE dispute was decided by the Deputy Director of Consolidation in favour of the respondent No. 3. THE present writ petition has been filed by Devi Saran Tiwari questioning the said order of the Deputy Director of Consolidation. During the pendency of this petition an application has been moved on 13.11.2008 by the respondent No. 3 Brahm Dev to the effect that the property has been sold in favour of one Smt. Meena Singh on 1.10.2008 and therefore, Smt. Meena Singh be impleaded as a party in the present writ petition. THE said impleadment has been allowed today by a separate order.
(2.) ANOTHER application has been moved on 7.1.2009 by Smt. Meena Singh to the same effect. The said application has also been allowed by a separate order today. It appears that Smt. Meena Singh and Devi Saran Tiwari had entered into a compromise in respect of the dispute and an application to that effect supported by a joint affidavit of the petitioner and the newly impleaded respondent No. 4, has been filed stating therein that the writ petition be disposed of in terms of the compromise. A copy of the compromise has been filed as Annexure-1 to the affidavit filed in support of the said application. Learned counsel for the parties contends that this Court under Article 226 of the Constitution can give effect to the compromise and they have relied on the decisions of the Apex Court in the cases Commissioner of Endowments v. Vittal Rao, AIR 2005 SC 454 : 2005 (2) AWC 1984 (SC) and K. Venkatachala Bhat v. Krishna Nayak, 2005 (5) SCC 117 : 2005 (2) AWC 1012 (SC). 3. According to the compromise the transfer made in favour of the newly impleaded respondent Meena Singh by the respondent No. 3 Brahm Dev has been acknowledged by the petitioner as well. The shares as indicated in paras 1 and 2 of the said compromise has been accepted by the petitioner. 6. Accordingly, the order of the Deputy Director of Consolidation dated 31.1.2008 and the order of the Settlement Officer Consolidation dated 2.4.1987 are set aside and the matter is remanded back to the Deputy Director of Consolidation to draw an order in terms of the compromise referred to herein above and get it implemented in the revenue records. The parties shall file a certified copy of the compromise alongwith this order before the Deputy Director of Consolidation. The writ petition stands disposed of.;