Court No. - 17
Case :- WRIT - B No. - 4206 of 2018 Petitioner :- Nanhki Devi Respondent :- Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Shailendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed for quashing the orders dated 30.12.2011, 30.01.2004 and 27.9.2017.
The contention of learned counsel for the petitioner is that her name was recorded in C.H. Form 23 as bhumidhar with non-transferable right on the basis of an order dated 7.5.1984 passed in case no. 278 but the name of the petitioner was not recorded while preparing Form 45.
Bhudan Samiti allotted land to the petitioner as a Sirdar and she could not be recorded as bhumidhar by an order dated 7.5.1984 and therefore, the finding was recorded by the revisional authority that the existence of the said order is suspicious and record of the same is not available. The reference in this regard has rightly been accepted by the Deputy Director of Consolidation vide order dated 30.12.2011. Against that order restoration was filed, which was rejected on 30.1.2014 and the review against the said order was dismissed vide impugned order.
Accordingly, the review proceeding under Section 48 is not maintainable as the consolidation authorities have no power to review its own order. The reference has rightly been accepted and the recall application has rightly been rejected by the Deputy Director of Consolidation.
Writ is devoid of merits and is, accordingly, dismissed.
Order Date :- 21.8.2018 Noman