Court No. - 19 Case :- WRIT - B No. - 2092 of 2019 Petitioner :- Santosh Kumar And Another Respondent :- Dy. Director Of Consolidation And 5 Others Counsel for Petitioner :- Gopal Das Srivastava,Anil Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed against the orders dated 29.4.2010 and 30.5.2018 passed by the Settlement Officer of Consolidation Jaunpur and the Deputy Direction of Consolidation, Jaunpur. The order dated 29.4.2010 has been passed by the Settlement Officer Consolidation dismissing the appeal filed by the petitioners on the ground that it was highly belated and delay in filing the appeal has not been satisfactorily explained by the petitioners. The order dated 29.4.2010 passed by the Settlement Officer of Consolidation, Jaunpur has been affirmed by the Deputy Director of Consolidation vide order dated 30.5.2018. The order was passed by the Consolidation Officer on 14.12.1974. The petitioners claimed their title on the basis of a sale deed executed in their favour in 1965. The appeal was filed by the petitioners on 18.6.1996, i.e., almost after 22 years of the order passed by the Settlement Consolidation Officer. The notification under Section 52 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as 'the Act, 1953') was published on 1.10.1983. The appeal was filed almost 13 years after the notification published under Section 52 of the Act, 1953.
Apart from the said fact, the petitioners claimed their rights on the basis of the sale deed executed by one Prithvi Pal who was recorded as sirdar of the disputed plot. It is settled law that sirdar has no right to execute the sale deed of the plot of which he is sirdar.
The findings recorded by the Settlement Officer of Consolidation and the Deputy Director of Consolidation in their impugned orders dated 29.4.2010 and 30.5.2018 are based on materials available on record. There is no perversity in the aforesaid finding. There is no jurisdictional error in the orders passed by the Settlement Officer of Consolidation and Deputy Director of Consolidation.
The writ petition lacks merit and is dismissed. Order Date :- 22.8.2019/Jyotsana