Allahabad High Court High Court

Kapil Dev Shukla And Ors. vs Deputy Director Of Consolidation … on 28 January, 2010

Allahabad High Court
Kapil Dev Shukla And Ors. vs Deputy Director Of Consolidation … on 28 January, 2010
Court No. - 3

Case :- CONSOLIDATION No. - 66 of 2010

Petitioner :- Kapil Dev Shukla And Ors.
Respondent :- Deputy Director Of Consolidation Faizabad And Ors.
Petitioner Counsel :- Onkar Nath Tewari
Respondent Counsel :- C.S.C.

Hon'ble Shri Narayan Shukla,J.

Heard Mr.Onkar Nath Tiwari, learned counsel for the petitioners.

Issue notices to opposite parties 3 to 5.

List after service report.

The learned counsel for the petitioners submits that during the pendency of
revision before the Deputy Director of Consolidation against the order dated
14th of August, 2008, passed by the Settlement Officer Consolidation, the
Consolidation Officer, Kuchhera, Faisabad corrected the entry made in the
revenue record and in place of Gata No.38/6, as recorded in C.H.Form No.23,
he corrected as Gata No.38/1 on the basis of petitioner’s possession over the
land in dispute. The said correction was placed before the Deputy Director of
Consolidation, but he ignored the same and upheld the order passed in appeal
by the Settlement Officer Consolidation, thus he overlooked the correction
made by the Consolidation Officer subsequently, pursuant to the order passed
by this court in writ petition No.4816 (MS) of 2009.

Upon perusal of the record, I find force in the submission of learned counsel
for the petitioner, therefore, I hereby stay the operation of the orders
impugned dated 29th of September, 2009, passed by the Deputy Director of
Consolidation, Faizabad and order dated 14th of August, 2008, passed by the
Settlement Officer Consolidation, Faizabad till further orders of this court.

Order Date :- 28.1.2010
Banswar