High Court of Judicature at Allahabad
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Narmada Prasad & Others v. The Dy. Director Of Consolidation, Allahabad & Others - WRIT - B No. 19859 of 2007  RD-AH 7215 (19 April 2007)
Hon'ble Janardan Sahai, J
It appears that the petitioners filed an objection under Section 9 of the U.P. Consolidation of Holdings Act. During the pendency of the objections it was alleged that a compromise has been entered into in which the parties have agreed to divide the land 'kurrawise'. The Consolidation Officer passed an order on the basis of the compromise but he found that kurra-wise batwara was erroneous and therefore rejected the kurrawise batwara and divided the land according to share. Appeal filed against the order by the respondents who challenged the compromise was dismissed. Revision filed by respondents Anil Kumar and others was allowed by the Deputy Director of Consolidation. The respondents denied having entered into any compromise. The Deputy Director of Consolidation has set aside the order of the Consolidation Officer and of the Settlement Officer, Consolidation and has directed the Consolidation Officer to decide the case on merits. The compromise could have been accepted as a whole or not at all. If the Consolidation Officer was rejecting the kurrrawise batwara provided in the compromise he ought to have directed the parties to lead evidence and therefore the Deputy Director of Consolidation rightly set aside the order of Consolidation Officer particularly when the revisionists were denying the compromise. The order for deciding the case on merit does not suffer from any error. Dismissed.
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