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Zulfiqar Ahmad v. Dy. Director Of Consolidation, Bareilly & Others - WRIT - B No. 46738 of 2006  RD-AH 14739 (29 August 2006)
Civil Misc. Writ Petition No. 46738 of 2006
Zulfiqar Ahmad ........Petitioner
Deputy Director of Consolidation, Bareilly & Others........Respondents
Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner and Sri Y. B. Mohan holding brief of Sri V. K. Singh appearing for Gaon Sabha.
The facts are that an objection filed by the deceased father of the petitioner under Section 9 A (2) of the U.P. Consolidation of Holdings Act (for short the ''Act'). His name was allowed to be recorded over the land in dispute after expunging the entry of Gaon Sabha vide order dated 28.4.1999. After about 10 years passing of the said order, respondents no. 4 to 8 filed an appeal. Challenging the said order, an appeal was also filed by Gaon Sabha. The Settlement Officer Consolidation consolidated both the appeals. During pendency of the appeals, father of the petitioner is said to have died on 2.9.2002. An application for substitution was moved which was allowed by Settlement Officer Consolidation on 9.9.2005. On the same day, the petitioner moved an application for recalling the order passed on the substitution application. Vide order dated 27.9.2005, the Settlement Officer Consolidation rejected the recall application against which the petitioner preferred a revision which has also been dismissed. Aggrieved, the petitioner has approached this Court.
While rejecting restoration application, the Settlement Officer Consolidation has recorded a finding that in connected appeal the substitution application has already been allowed on 9.10.2002 and thus the order on the substitution application in the other appeal was only formality.
The dispute between the parties is with regard to a land, which was recorded in the name of Gaon Sabha. The order of Consolidation Officer dated 28.4.1999 was passed in favour of the petitioner without any contest or evidence on behalf of Gaon Sabha.
In this view of the matter it would be appropriate that dispute may be adjudicated on merits rather than on mere technicality as suggested by learned counsel for the petitioner that on account of non-substitution within time the appeal should be abated.
In view of above, I decline to interfere in the order impugned in the writ petition. The writ petition accordingly, fails and is dismissed.
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