Sheo Kumar and Others vs Deputy Director of Consolidation

Hon''ble Prakash Krishna, J.—The present writ petition arises out of proceedings under the U.P. Consolidation of Holdings Act. Initially the dispute was in respect of three Khatas, namely, Khata Nos. 37, 40 and 98. The dispute in respect of Khata No. 37 and 40 have been set at rest in favour of the petitioners herein. In the present writ petition the only dispute survives with regard to Khata No. 98.

In the basic year, the names of the petitioners were also recorded over 1/4 shares. Objections were filed by the respondents herein for expunging the name of the petitioners on the plea that the petitioners have got no share. The Consolidation Officer rejected the objections and the matter was carried in appeal before the Settlement Officer (Consolidation), who has allowed the appeal by the judgment and order dated 10th April, 1972 and the said judgment has been confirmed in Revision No. 2146 by the Deputy Director of Consolidation.

Heard Sri Anil Bhushan learned counsel for the petitioner. None is present on behalf of the respondents although the list has been revised.

The only point involved in the present writ petition is:-

(1) What will be the effect of a judgment of civil Court where second appeal has been dismissed after the commencement of consolidation operation in the village?

The learned counsel for the petitioners submits that the second appeal preferred by them in respect of the said Khata was not decided on merit but it was dismissed in default. Therefore, the judgment of dismissal will not come in the way of the petitioners.

Elaborating the arguments, it was submitted by the learned counsel for the petitioner, the consolidation operation had already come in the village and therefore, any judgment rendered thereafter is of no consequence.

I have given careful consideration to the aforesaid submission of the learned counsel for the petitioner but do not find any merit therein.

The second appeal was dismissed by this Court which amounts the confirmation of the judgment and decree of the first appellate court. The decree of the court below has been merged in the decree of second appeal. The fact that the village has come under consolidation operation was not brought to the notice to the High Court and there is no automatic abatement of proceedings at the commencement of the consolidation operation.

In view of the above, I do not find any legal infirmity in the impugned order. The writ petition lacks merit and it is therefore, dismissed.