Mahant Lalita Sharanji vs Deoki Devi . And Anr.

2. Consolidation proceedings took place and during the course of these proceedings, the appellant was allotted a portion of Plot No. 212/2, a portion of Plot No. 215 and a portion of Plot No.

3. Bansi Ballabh, owner of Plot No. 215 and Plot No. 216, filed an appeal challenging the allotment of 0.18 acres of land in Plot No. 215 in favour of Deoki Devi. It would be pertinent to mention that the present appellant was not a party to those proceedings. The Settlement Officer, Consolidation allowed the appeal filed by Bansi Ballabh on 27.08.1981. However, the Settlement Officer, Consolidation did not limit the appeal to the claim against Deoki 3 Devi only. He ordered amendment of the holding table and now Deoki Devi, who had been allotted land in Plot No. 215, was allotted 0.17 acres of land in Plot No. 212/2, adjoining the Vrindavan Chatikara main road. The holding of the appellant [though he was not a party to the proceedings] was also changed and 0.39 acres of land allotted to him in Plot No. 215 and 0.36 acres of land in Plot No. 216, were taken away and he was again granted 0.66 acres of land in Plot No. 212/2 in addition to what was already allotted to him. As far as the bachat land was concerned, that was changed from Plot No. 212/2 to the north- east corner of Plot No. 216 measuring 0.62 acre. The appellant claims that he was unaware of this order since he was not a party to the appeal filed by Bansi Ballabh.

4. The appellant filed a restoration application before the Settlement Officer, Consolidation and, at the same time, filed a revision petition before the Deputy Director, Consolidation against the order dated 27.08.1981. The restoration application was dismissed by the Settlement Officer, Consolidation mainly on the ground that since the appellant had not challenged the reduction of his holding in Plot No. 212/2 in the first round of 4 consolidation proceedings wherein the front portion of his plot had been reserved as bachat land for use by the Gaon Sabha, he was not entitled to challenge the same in the second round. However, the Deputy Director, Consolidation allowed the revision filed by the appellant on 13.12.1983. Before the Deputy Director, Consolidation, Bansi Ballabh, Hari Vallabh, Deoki Devi and the Gaon Sabha were all parties. Premwati was also made a party to the proceedings subsequently. Notices were sent but the respondent Deoki Devi and Premwati were proceeded ex parte and the revision was allowed. By the amended table of holding, the appellant was allotted Plot No. 212/2, which was his original holding and both Premwati and Deoki Devi were allotted land in Plot No. 216.

5. Thereafter, Premwati and Deoki Devi both filed restoration application before the Deputy Director, Consolidation, who rejected the same on the ground that both of them had been duly served. The Deputy Director, Consolidation also noted that Deoki Devi was not ready to take back her original plot i.e. Plot No. 319 and he upheld the allotment of land to her in Plot No. 216. Aggrieved, Deoki Devi filed a writ petition in the Allahabad High 5 Court, which was allowed by the impugned judgment mainly on the ground that since the appellant herein had accepted the allotment of front portion of Plot No. 212/2 to the Gaon Sabha and Premwati, he having lost title to the property could not object to the grant of the same to Deoki Devi especially since he has not filed an appeal against the original order.

12. In view of the above discussion, we set aside the order of the High Court and restore the order passed by the Deputy Director, Consolidation.

13. The respondent, Deoki Devi is directed to remove the entire construction at her own cost and hand over vacant and peaceful 10 possession of the land to the appellant within 30 days from today failing which the appellant can take assistance of the Court to take possession of the land and building in which event, Deoki Devi will not be entitled to the cost of the structure or any other damages.

14. The appeal is allowed in the aforesaid terms.