Mukhut and others vs Deputy Director of Consolidation, Padrauna, Deoria and others

Vikram Nath, J.—This is an application jointly filed by the petitioners and the respondent Nos. 4 to 8 and their heirs with a prayer to allow the writ petition after quashing the orders passed by the settlement Officer Consolidation and the Deputy Director of Consolidation to uphold the order passed by the Consolidation Officer. The application is supported by an affidavit of the petitioners as also one of the respondents doing pairavi on behalf of other respondents. In the affidavit it has been stated that not only the Gaon Sabha admitted the claim of the petitioners by filing compromise before the Deputy Director of Consolidation admitting the Patta executed in favour of the petitioners on 3.2.1950 by the then Jamindar but also that the respondent Nos. 4 to 8 had admitted the said Patta and the possession of the petitioners ever since. It has further been stated in the affidavit that the Deputy Director of Consolidation committed error in ignoring the compromise filed by the Gaon Sabha with the permission of the SubDivisional Officer.

In view of above, the application is allowed. The writ petition also succeeds and is allowed. The impugned orders are hereby quashed and the order of the Consolidation Officer dated 13.2.1980 is upheld.