PARAS NATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By this petition, the Petitioners have challenged the judgment and order dated 7.4.2010, passed by Deputy Director of Consolidation, order dated 13.1.1983, passed by Assistant Settlement Officer of Consolidation and order dated 30.4.1978, passed by Consolidation Officer.

(2.) It is stated that the name of Petitioner No. 1 was recorded in basic year khatauni over khata No. 93 comprising of plot No. 117 area 8 decimal and plot No. 245/1 area 1.48 acre, whereas the name of father of the Petitioner No. 2 was recorded over khata No. 131 comprising of plot No. 53/8 area 1.46 acre of village Khardeha Pargana-Katehar, tehsil and district Varanasi. The name of Petitioner No. 1 was recorded over the aforesaid plot on the basis of ex parte decree dated 25.3.1965, passed in Suit No. 472 of 1964 under Section 229B of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as " U.P.Z.A. and L.R. Act") Paras Nath v. State of U. P. and Gaon Sabha and the name of father of the Petitioner No. 2 was recorded on the plot No. 53/8 area 1.46 acre on the basis of ex parte decree dated 30.10.1964, passed in Suit No. 199 of 1964 under Section 229B of U.P.Z.A. and L.R. Act Ram Roop v. State of U. P. and Gaon Sabha Suit No. 199 of 1964.

(3.) Against the aforesaid basic year entries the Gaon Sabha had filed objections before Consolidation Officer under Section 9A (2) of U.P.C.H. Act for expunging the name of Petitioner No. 1 and father of Petitioner No. 2 and against other persons whose names were wrongly recorded over the lands of Gaon Sabha. While deciding several objections filed by Gaon Sabha against aforesaid persons, the Consolidation Officer vide common judgment and order dated 30.4.1978 ordered that the name of Ram Roop father of Petitioner No. 2 be expunged from the said plot No. 53/8 area 1.46 acre and land be recorded as banzar in column No. 5. So far as the plot No. 117 is concerned it was ordered that name of Paras Nath, Petitioner No. 1 be expunged and land be recorded as parti in column No. 5. So far as plot No. 245/1 area 1.48 acre is concerned, the Consolidation Officer has rejected the objection of Gaon Sabha and continued the name of Petitioner No. 1. The copy of aforesaid order is on record as Annexure-6 to the writ petition. Feeling aggrieved against the aforesaid order of Consolidation Officer the Petitioner No. 1 and Ram Roop, father of Petitioner No. 2 alongwith other aggrieved persons preferred appeals before Settlement Officer of Consolidation under Section 11 of U.P.C.H. Act. The appeals filed by the private persons were dismissed, whereas the appeal filed by the Gaon Sabha in respect of plot No. 245/1 area 1.48 acre was allowed by Assistant Settlement Officer of Consolidation while deciding 6 appeals jointly by a common judgment and order dated 13.1.1983. The copy of aforesaid judgment and order passed by Assistant Settlement Officer of Consolidation is on record as Annexure-7 of the writ petition. Feeling aggrieved against the aforesaid order of Assistant Settlement Officer of Consolidation the Petitioner No. 1 and father of Petitioner No. 2 and one Shiv Shanker Singh preferred three revisions before Deputy Director of Consolidation under Section 48 of U.P.C.H. Act, which were decided jointly by a common judgment and order dated 7.4.2010, passed by Deputy Director of Consolidation, Varanasi, whereby all the revisions have been dismissed and claim of Petitioners has been rejected from the plots in dispute, hence this petition. The copy of aforesaid judgment and order is on record as Annexure-8 of the writ petition.