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Allahabad High Court · body

1983 DIGILAW 953 (ALL)

Shafi v. Deputy Director of Consolidation

1983-12-13

U.C.SRIVASTAVA

body1983
JUDGMENT U.C. Srivastava, J. The order passed by the Deputy Director Consolidation dismissing the revision application filed by the petitioner against the order passed by the Settlement Officer Consolidation reversing the order of Consolidation Officer is subject matter of Challenge in this writ petition. Basic year entry was in favour of Bechan. The petitioner filed objection claiming Sirdari rights. The matter was referred to the Consolidation Officer before whom the parties tendered evidence. On a consideration of the evidence the Consolidation Officer found that the petitioner was in possession over the land in dispute and has perfected Sirdari rights. Opposite party No. 3 filed an appeal which was allowed by the Asstt. Settlement Officer (Consolidation) and reliance was not paid by him on the basic year entry, and it was also held that Khasra entries were not in accordance with law. The matter came in revision before the Deputy Director, Consolidation. Assistant Registrar Qanoongo Sri Mohammad Hasan Khan were summoned and his statement was recorded by the Deputy Director, Consolidation but the revision application was dismissed by the said court. The only ground urged in the writ petition is that the Deputy Director of Consolidation, which is the last court of fact, should have looked into the oral evidence and the Deputy Director of Consolidation could have dismissed the revision application on this ground also and the same was referred to the Deputy Director of Consolidation who should have considered the same. This contention is not without substance. Even if entries are irregular oral evidence can prove possession. The writ petition is allowed and the order passed by the Deputy Director Consolidation (Annexure 8) is quashed and he is directed to restore back the revision to its original number and decide the same in accordance with law. No order as to costs. (Petition allowed)