KAMLA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION, BARABANKI

JUDGEMENT

(1.) THIS writ petition has been filed seeking a writ of certiorari for quashing the order dated 8.7.2010 passed by the Deputy Director of Consolidation whereby he has set aside the order passed by the Consolidation Officer and the Settlement Officer, Consolidation and remanded the matter for decision afresh after affording opportunity to the parties to adduce evidence and after hearing them.

(2.) THE dispute in this writ petition relates to Khata No. 8 consisting of Plot Nos. 107, 622, 33, 44, 45 of Village Simari, Pargana Pratapganj (Pratapgarh wrongly transcribed in place of Pratapganj). An objection was filed by the contesting respondents regarding the aforesaid plots claiming on the basis of a registered sale deed alleged to have been executed by Kamla Devi on 5.2.1993 and 9.2.1993. The name of predecessor -in -interest of the contesting respondent was ordered to be recorded over the land in dispute on the basis of the aforesaid sale -deed. This order was subsequently recalled on a restoration application filed by the petitioner. Thereafter the Consolidation Officer, after hearing the parties, rejected the objection filed by the predecessor -in -interest of the contesting respondents, on the finding that the photograph affixed on the sale -deed and the photograph on the voter I.D. Card differed substantially.

(3.) THE order passed by the Consolidation Officer was affirmed in appeal by the Settlement Officer, Consolidation by his order dated 8.7.2010. By this order another appeal connected to the main appeal was also dismissed. This connected appeal was filed against the order passed in proceedings under Rule 109 of the U.P. Consolidation of Holdings Rules seeking to implement the order passed by the Consolidation Officer in favour of the petitioner.