MASHOOQ AHMAD Vs. D D C

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, learned senior advocate assisted by Sri Zuber Ahmad, Iqbal Ahmad Siddiqui and other learned Counsel for the petitioner. Learned standing counsel represents respondents No. 1 to 3. Sri M.D. Singh Shekhar, learned senior advocate, R.K. Raghubanshi, Anil Srivastava and J.P. Singh appear for respondents No. 4 and 5.

(2.) Through the present writ petition, the petitioner an agriculturist of village Sikari, Tappa-Patana, Pargana-Bansi East, Tahsil Bansi, district Basti has assailed the three orders passed by the Deputy Director of Consolidation, Settlement Officer, Consolidation and Consolidation Officer, Basti dated 25.11.1974, 24.5.1973 and 30.11.1972. All the three consolidation courts have recorded concurrent findings of fact in holding that one Akbar Ali, son of Fateh Mohammad was a citizen of Pakistan, he held a Pakistani passport and had no right to execute a registered gift deed, hibanama in favour of petitioner Mashooq Ahamad. All the three Courts have recorded the findings and conclusions to the same effect.

(3.) It emerges from the record that villages Sikari, Rajaur and Phulwaria, Tappa, Patna, Pargana Bansi East, Tehsil Bansi, district Basti came under consolidation operations some time in the year 1970. The notification under Section 4 was published and objections were invited from tenure holders who were going to be affected by the consolidation operations. There were several plots of lands, khatas No. 78, 150, 149, 48, 88, 99, 81, 53, 54, 52, 3, 147, 95 recorded in the name of Akbar Ali and Vakil Ahmad.' It has been claimed by the petitioner Mashooq Ahmad that the names of those persons were recorded in the basic year khatauni. However, in some of these khatas/plots, names of some other persons, i.e., respondents No. 4 and 5 etc. were also recorded alongwith them. Vakil Ahmad and Akbar Ali were real brothers. The petitioner Mashooq Ahmad is the real grandson of Akbar Ali. It is claimed by the petitioner Mashooq Ahmad that his grandfather Akbar Ali had executed a gift deed hibanama of his entire share in his favour (who was his grandson) on 23.6.1970. This gift deed was duly registered in the office of Sub-Registrar, Bansi, district Basti. Mutation application was submitted by the petitioner on the basis of said gift deed for recording his names in the revenue and consolidation records. A chak was proposed to be carved out in favour of Vakil Ahmad and Akbar Ali at the time of initiation of consolidation proceeding.