GRAM SABHA, DHANIYA MAU Vs. RAM MANOHAR

JUDGEMENT

(1.) Leave granted. Heard.

(2.) These appeals relate to Plot No. 1043/2/1 measuring 1.43 acres claimed by the appellant (Gram Sabha, Dhania Mau), Tehsil & District Jaunpur, U.P. as Talab (tank) vesting in it. One Ram Manohar claimed Sirdari rights in regard to the said land and filed objections under Section 9(A)(ii) of the U.P. Consolidation of Holdings Act, 1953 ('Act' for short). The Consolidation Officer, Jaunpur, by order dated 8.9.1972 held that the said land was a Talab land used for irrigation purposes by the public and the name of Ram Manohar entered in regard to the said plot should be deleted and the land should be entered in the Gram Sabha Khata. The appeal filed by Ram Manohar was dismissed by the Settlement Officer by order dated 11.1.1974. Ram Manohar challenged the order of the Appellate Authority by filing a revision before the Deputy Director of Consolidation, Jaunpur. The revision petition was also dismissed by order dated 7.8.1976. The legal representatives of Ram Manohar, the respondents herein, challenged the said decision in Civil Misc. Writ Petition No. 50/1977. A learned Single Judge allowed the writ petition by order dated 4.12.2003 and set aside the orders of the Consolidation Officer, Settlement Officer and the Deputy Director of Consolidation, based on a concurrent finding and directed that the respondents be recorded as Bhumidars of the said land. The review petition filed by the appellant was dismissed by the High Court, by order dated 3.12.2004 solely on the ground that the counsel who had filed the revision petition was different from the counsel who had appeared for the Gram Sabha in the writ petition.

(3.) The said orders in the writ petition and review petition are challenged in this appeal by special leave by urging the following contentions: