Savitri Devi v. D.D.C.

Court No. - 11

Case :- WRIT - B No. - 1430 of 1992

Petitioner :- Savitri Devi Respondent :- D.D.C. Counsel for Petitioner :- A.N. Mishra,Arun Kumar,R.J. Mishra,R.S.Mishra Counsel for Respondent :- S.C.,R.S. Shukla

Hon'ble Salil Kumar Rai,J.

1. Heard Shri Arun Mishra, counsel for the petitioner and Standing Counsel representing respondent nos. 1, 2 & 3.

1. Respondent no.4 was recorded as a tenure holder on Plot No.2584/9 (total area 11 biswa). During consolidation proceedings held in the Village under the U.P Consolidation of Holdings Act (hereinafter referred to as Act), the petitioner filed objections under section 9-A of the Act praying that he may be recorded as Sirdar over 4 Biswa on Plot No.2584/9. On the aforesaid objections of the petitioner, Case No. 537 of 1981/82 was registered in the Court of Consolidation Officer. It is evident from the record, especially the impugned order dated 18.12.1991, passed by respondent no.1 that consolidation proceedings started in the Village in 1972 and the said objections were filed almost 10 years after the consolidation proceedings had started in the Village. The said objections were highly belated. However, strangely, in Case No.537 of 1981-82, a compromise was filed on 3.2.1982 which was ostensibly signed by the petitioner and respondent no. 4 and wherein respondent no. 4 had admitted that petitioner was in adverse possession over 4 Biswa on Plot No.2584/9 regarding which objections were filed by him under section 9-A of the Act. On the said objections, statement of the petitioner and respondent no.4 was ostensibly recorded before two members of the Consolidation Committee on 3.2.1982 itself and the Consolidation Officer by his order dated 3.2.1982, that is, on the same date, allowed Case No.537 of 1981-82 accepting the compromise and directed that petitioner be recorded as Sirdar of 4 Biswa on Plot No.2584/9. Against the order dated 3.2.1982 passed by Consolidation Officer, respondent no. 4