RAJIV JOSHI,J. - (1.) The present writ petition under Article 226 of the Constitution has been filed challenging the impugned order dated 22.4.2014 passed by the Deputy Director of Consolidation, Allahabad in Revision Nos. 1090 and 1091 of 2014 (Prem Kumar Chadha and others Vs. Gopal Chadha and others), whereby both the revisions were allowed and delay in filing the objection was condoned with the direction to the Consolidation Officer, Soraon, Allahabad to decide the objection on merits.
(2.) Relevant facts for consideration in the present case are thus: The dispute relates to plot no. 97 area 6 bigha 4 biswa 19 dhoor situate at village Khaninar, pargana and tehsil Soraon, District Allahabad. The village in question was placed under consolidation operation in the year 1956-57 and the final records were prepared in the name of Sri Krishna Chander Kaur, Sri Sharad Chander Kaur, Sandeep Kumar and Seema Kaur, Pradeep Kaur son of Krishnachander Kaur and Km. Mukhla Kaur and these persons became bhumidhar and got possession. The land of Plot nos. 44, 71, 75, 97 and 100 (total area 51 bigha, 13 biswa, 9 biswani) was transferred by the aforesaid persons in favour of Shiv Prasad Chaddha, Prem Kumar Chaddha and Gopal Chaddha, and therefore, these three persons had one-third share in the aforesaid five plots so acquired by the sale-deed in the year 1981-82. The second consolidation proceedings were started and notification under Section 4 (2) of U.P. Consolidation and Holdings Act, 1953 (hereinafter referred to as the Act) was issued in 1981-82 and the notification under Section 9 of the Act was published on 31.10.1984. The provisional consolidation scheme under Section 20 of the Act was published on 20.3.1986. It also reflects from the record that respondent no.1-Prem Kumar Chadha filed the objection under Section 9A (2) as well as under Section 20 of the Act with regard to plot no. 75/1 and for chak no. 50 against one Bhulai (third party). Both these objections did not concern with regard to the plot no. 97, which is in dispute.
(3.) In these objections filed by the respondent no.1-Prem Kumar Chadha, the consolidation authorities passed the order, which was ultimately challenged by the respondent no.1 in Writ Petition No. 14265 of 1993 (Prem Kumar Chadha Vs. DDC Allahabad and others) and the said writ petition was subsequently dismissed. In the said writ petition, earlier an interim order was passed staying the dispossession of the petitioners pursuant to the order passed by the consolidation authorities. After the dismissal of the writ petition, the possession of chaks started taking place, which is recorded to be in between 15.5.2008 to 27.6.2008. The objection under Section 9B as well as under Section 20 of the Act was filed by respondent no.1-Prem Kumar and Rajesh Kumar Chadha on 16.7.2008 and 12.7.2008 respectively with the demand that the land of plot no. 97 be kept outside the consolidation on the ground that it is road-side land. The said objections were filed after about 24 years from the date of publication of notification under Section 9 of the Act. A prayer was also made in both the objections that recently they came to know about the consolidation proceedings and therefore, the delay, if any, is liable to be condoned. The objections were supported by an affidavit of respondent nos. 1 and 2 respectively.;