Banarsi Devi Through L.Rs. (Smt.) vs Financial Commissioner and Others

None appears for either of the parties. This Intra-Court appeal was filed impugning the judgment dated 9th March, 2006 of the learned Single

Judge of this Court allowing W.P.(C) No. 1093/1994 preferred by the respondent No. 2 Smt. Sarla Mittal. The said writ petition was filed

impugning the order dated 24th January, 1994 of the Financial Commissioner.

Notice of this appeal was issued and the ""impugned order stayed"". The said interim order was made absolute and the appeal admitted for

hearing on 12th September, 2006.

We have perused the records. Both respondent No. 2 Smt. Sarla Mittal and the predecessor of the three appellants Smt. Banarsi Devi were

holding land in village Budhpur in which re-partition proceedings took place; the said Smt. Banarsi Devi had filed objections to the said re-partition

and which objections were dismissed by the Consolidation Officer; she filed an appeal to the Settlement Officer who remanded the matter to the

Consolidation Officer for decision afresh; however the Consolidation Officer again rejected the objections and aggrieved wherefrom again appeal

was filed to the Settlement Officer; the Settlement Officer allowed the appeal; however there was a apparent inconsistency in the order of the

Settlement Officer - whereas the concluding part of the order held the said Smt. Banarsi Devi entitled to allotment of khasra No. 24/17 in lieu of

Plot No. 119 but in summary of what was allotted and withdrawn, it was recorded that land in Plot No. 248 was withdrawn and in lieu of land

comprised in khasra No. 24/16 and 24/17 was allotted.

Smt. Banarsi Devi filed an application seeking correction of the order on which though an order was made but not to the satisfaction of Smt.

Banarsi Devi; she preferred a revision to the Financial Commissioner which was disposed of vide order dated 5th June, 1990 who remanded the

matter to the Settlement Officer.

The subsequent order dated 26th August, 1993 of the Settlement Officer was again challenged before the Financial Commissioner and which

resulted in the order dated 24th January, 1994 and impugning which the writ petition from which this appeal arises was filed by the respondent No.

2 Smt. Sarla Mittal.

The dispute between the appellants and the respondent No. 2 Smt. Sarla Mittal is qua plot No. 238. The learned Single Judge has held that the

allotment of plot No. 238 to the respondent No. 2 Smt. Sarla Mittal had attained finality and the said plot thus could not be withdrawn and allotted

to Smt. Banarsi Devi. It has also been observed that plot No. 119 had been withdrawn from another and allotted to Smt. Banarsi Devi and if Smt.

Banarsi Devi did not want plot No. 119 she ought to have challenged the order withdrawing the said plot from another and allotting the same to

her or impleaded such other as a party to the present proceedings seeking plot No. 238 in lieu of plot No. 119. We have perused the grounds of

appeal urged and we are unable to find any error calling for interference in the order of the learned Single Judge. The appeal is accordingly

dismissed. No order as to costs.