SUSHILA SINGH Vs. D.D. OF COUNSOLIDATION, FAIZABAD

JUDGEMENT

(1.) WRIT Petition No. 26 of 2014 has been filed by Smt. Sushila Singh wife of Rajat Ram Singh, Kamla Devi @ Safarsi wife of Jai Narain Singh, and Amar Bahadur Singh son of Ram Mundar Singh seeking a writ of certiorari quashing the order dated 9.9.2013 passed by the Deputy Director of Consolidation, Faizabad in Revision No. 1422, Narendra Bahadur Singh and others v. Smt. Shanti Devi and others. By this impugned order, the Deputy Director of Consolidation has set aside the order dated 28.7.2004 passed by the Consolidation Officer in Case No. T.B. 6/2008 under section 9A(2) of the U.P. Consolidation of Holdings Act whereby the Consolidation Officer had valued plot Nos. 1111, 1112, 1113 and 2491 which were chak -out plots, being parti land, grove and pond on the spot. One of the grounds taken in the writ petition was that another Writ Petition No. 977 of 2006 was already pending on the same subject matter and therefore the Deputy Director of Consolidation should not have entertained the revision or passed any order therein. In view of the said averment, this petition was directed to come up along with record of the Writ Petition No. 977 (Cons.) of 2006 vide order dated 20.1.2014. Subsequently, on the request of the parties, the record of the Writ Petition No. 598 of 2006 was also summoned. As a result the records of these three writ petitions, namely, 26 of 2014, 977 of 2006 and 598 of 2006 are before me.

(2.) I have heard the learned Counsel for the parties in the writ petitions.

(3.) EVEN though no counter affidavit has been filed in Writ Petition No. 26 of 2014 nor any counter affidavit was called for, yet I have heard the Counsel for the parties on merits and the writ petition is being decided finally with the consent of the parties.