BAKHTAWAR SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioners and learned Counsels for the Respondents.

(2.) THIS writ petition has been filed by the Petitioners praying for a writ, order or direction in the nature of certiorari to quash impugned order dated 30.10.1992 passed by the Deputy Director of Consolidation, Muzaffarnagar in Revision Nos. 282 to 288 Smt. Kaso v. Bakhtawar and others. By the said impugned order passed under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (from hereinafter referred to as the Act), Deputy Director of Consolidation, Muzaffarnagar in his revisional power has set aside the order of the Settlement Officer Consolidation, Muzaffarnagar dated 29.12.1987 and the order of the Consolidation Officer dated 23.12.1985 and directed that the name of Smt. Kaso (since deceased) be recorded in the revenue record against that of the present Petitioners. Brief facts of the case are that the Petitioners claim to be "Bhumidhar" of Plot No. 141, which has an area of 5 "Bigha" and 11 "Biswa". However, the name of Respondent No. 2 Smt. Kaso has been recorded in the revenue records in Category 9, which is entry on the basis of "adverse possession". In other words, Respondent Smt. Kaso claims title on the land in dispute on the basis of her adverse possession, as she was recorded as Category -9 i.e. having adverse possession on the land in the revenue records. Now, Respondent No. 2 Smt. Kaso claims the benefit of Section 210 of the U.P. Zamindari Abolition and Land Reforms act, 1950 (from hereinafter referred to as the Zamindari Abolition Act). Section 210 of the Zamindari Abolition Act reads as follows:

(3.) IN other words, the case of Respondent No. 2 Smt. Kaso has been that she is recorded in the revenue records having possession on the disputed land by means of adverse possession and since she had adverse possession on the land in dispute for a particular number of years as provided by the statute, and during this period no suit for ejectment was filed by the Petitioners, she (Smt. Kaso) has now become "Sirdar" on the property. She thus filed a suit in the year 1973 being Suit No. 73 of 1973 before the Court of Sub Divisional Officer, Tehsil Sadar, Muzaffarnagar under Section 229B of the Act, seeking declaration to the effect that she was in possession over the said plot and now has acquired "Sirdari" rights under Section 210 of the Zamindari Abolition Act, as such she may be declared as "Sirdar" of the property. This suit was contested by the Petitioners on the grounds that Respondent No. 2 has nothing to do with the said land and they are actual "Sirdars" of the property. However, the learned Assistant Collector 1st Class, Muzaffarnagar decreed the suit of Respondent No. 2 on 7.8.1976. Against the order of the Assistant Collector 1st Class, Muzaffarnagar, the Petitioners filed an appeal before the Commissioner, Meerut Division, Meerut, which was allowed on 25.1.1977. Against the said judgment of the Commissioner, Meerut Division, Meerut, a second appeal was filed by Respondent No. 2 Smt. Kaso before the Board of Revenue at Allahabad. This appeal was allowed on 15.2.1982 and the order of the Addl. Commissioner was set aside and the matter was remanded to the Additional Commissioner, Meerut Division, Meerut for fresh adjudication. After the remand, the appeal of the Petitioners was again allowed on 11.10.1982. Against this order of the Additional Commissioner, Meerut Division, Meerut, Smt. Kaso filed a second appeal before the Board of Revenue. While this second appeal was pending before the Board of Revenue at Allahabad, a notification was issued under Section 4 of the Act and in view of the provisions of the Act, the second appeal filed before the Board of Revenue stood abated on 29.10.1985. Section 4 of the Act reads as follows: