WPMS/2046/2022
2022 Latest Caselaw 2741 UK

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                                  WPMS No. 2046 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Heard Mr. Jitendra Chaudhary, Advocate for the petitioners.

Petitioners have challenged the judgment rendered by Consolidation Officer Roorkee on 06.02.2001. They have also challenged the judgments rendered by Settlement Officer, Consolidation and Deputy Director of Consolidation.

The principal ground of challenge to the order passed by Consolidation Officer is that one of the tenure holders, namely-Jarif had died in the year 1988, yet the Consolidation Officer decided the objection filed by Shadi Lal under Section 9A of Consolidation of Holdings Act, 1953, vide judgment dated 06.02.2001 and granted him title by way of adverse possession. Thus, according to learned counsel for petitioners, the judgment rendered by Consolidation Officer on 06.02.2001 is against a dead person, as his legal representative was not substituted by Shadi Lal. He further submits that the appellate as well as revisional authorities ignored this material aspect of the matter.

Issue notices to the respondents, returnable within four weeks.

Steps to be taken by 06.09.2022. List this case on 07.11.2022. Till the next date of listing, status quo, qua possession over the land in question shall be maintained.

Interim Relief Application (I.A. No. 1 of 2022) stands disposed of.

(Manoj Kumar Tiwari, J.) 30.08.2022 Navin