RAM LAL SINGH AND ANOTHER Vs. CONSOLIDATION OFFICER, FAIZABAD AND OTHERS

JUDGEMENT

(1.) THIS special appeal arises out of proceedings under the UP Consolidation of Holdings Act, hereinafter referred to as the Act. We are concerned with the Act as it stood before its amendment by UP Act 38 of 1958.

(2.) VILLAGE Dewapur in district Faizabad was brought under consolidation operations. In the village papers a certain grove was recorded in the names of Bindeshwari Singh and others. Ram Lal Singh and Chandra Bhan Singh filed an objection Under Section 12 of the Act claiming ownership of the grove. Since there was a dispute on a question of title, the Consolidation Officer referred the dispute to arbitration through the Civil Judge, Faizabad. In due course a statement of Proposals was published in the village Under Section 20 of the Act. The Civil Judge thought that in view of the publication of the Statement Under Section 20 of the Act, arbitration proceedings had to be suspended Under Section 22(2) of the Act. He directed the Consolidation Officer accordingly. Consequently the Consolidation Officer consigned the papers to the record -room. Being unable to get relief Under Section 12 of the Act, Ram Lal Singh and Chandra Bhan Singh filed an objection Under Section 20 of the Act claiming the same grove. The objection Under Section 20 was dismissed as barred by limitation. Their appeal and revision against that decision were successively dismissed by the Settlement Officer (Consolidation) and the Dy. Director of Consolidation. Having failed Under Section 20 of the Act, Ram Lal Singh and Chandra Bhan Singh proceeded to get the objection Under Section 12 revived. But the Civil Judge and the Consolidation Officer declined to revive the objection Under Section 12. Ultimately, Ram Lal Singh and Chandra Bhan Singh filed before this Court a writ petition praying that the Consolidation Officer, Faizabad and the Civil Judge, Faizabad, be directed to revive the proceedings Under Section 12 of the Act.

(3.) ANNEXURE 2 to the writ petition is a copy of the order of the Civil Judge dated 3 -8 -1962 staying proceedings Under Section 12 of the Act. In pursuance of that direction the Consolidation Officer passed an order (Annexure 3) on 31 -8 -1962 consigning papers to the record room. The Civil Judge relied upon a single judge decision of this Court in Ganga Singh v. The Dy. Director of Consolidation UP Lucknow, 1962 AWR 450. But this decision has been overruled by a Division Bench of this Court in Roop Narain v. State, 1962 AWR 727. Mr. S.R. Dwivedi appearing for Respondents No. 4 to 6 conceded that Respondents Nos. 1 and 2 were wrong in staying arbitration proceedings in August, 1962.