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Judgment
Hon''ble Amreshwar Pratap Sahi, J.—The respondents have got their area increased from 0.15 decimal to 1.15 acres under the order of the Sub Divisional Officer dated 30.11.85 in a suit filed u/s 229-B. This area was increased in relation to plot no.95/3. Admittedly the petitioner was not a party to the said suit filed u/s 229-B.
The Consolidation Officer made the said judgment a basis for maintaining the entry in favour of the respondents to the extent of 1.15 acres.
Sri Ram Kishor Gupta learned counsel for the petitioner submits that the entry is based on a judgment dated 30.11.85 to which proceedings the petitioner was not a party and therefore, the same cannot be made the basis for reducing any proportionate area from the Khata of the petitioner. The Consolidation Officer therefore rightly rejected the objection and the appeal filed by the respondents was rightly dismissed.
Aggrieved by the appellate order the respondents therein filed a revision. The Deputy Director of Consolidation has now reversed the order on the ground that the judgment of the Sub Divisional Officer dated 30.11.1985 entitles the respondents for restoration of the area as indicated therein and accordingly if there is any double entry, the same has to be reduced accordingly in order to restore the area of the contesting respondents.
Prima facie in my opinion this approach of the Deputy Director of Consolidation is erroneous.
Accordingly the operation of the impugned order dated 3.8.2011 in so far as it relates to the reduction from the Khata of the petitioner shall remain stayed.
Three weeks are granted to file counter affidavit. One week is granted to file a rejoinder affidavit. List thereafter.