MOHD AMIN Vs. D.D.C. AND OTHERS

JUDGEMENT

(1.) THE suit relates to plot No. 1077 area 0.670 hectare situate at village Jagmalpur, Pargana and Tehsil Sagri, District Azamgarh (hereinafter re­ferred to as the plot in dispute). In the basic year records the petitioners were recorded. Objection was filed by Mohd. Iqbal/respondent No. 4 claiming that the name of the petitioners were wrongly entered into the revenue records and in fact he was the Bhumidhar of the land in dispute as such the name of the petitioners be ex­punged and his name be incorporated. The Consolidation Officer vide order dated 28.7.1971 allowed the objections and di­rected for expunging the name of the peti­tioners and in their place recording the name of respondent No. 4. The petitioners filed an appeal before the Settlement Offi­cer Consolidation which was allowed vide judgement dated 30th August, 1971 and the objections filed by Mohd. Iqbal were dismissed. The revision filed by Mohd. Iqbal has been allowed by Deputy Director of Consolidation vide judgment dated 21.10.1972 and after upsetting the order passed by the Settlement Officer Consoli­dation the order of the Consolidation Offi­cer has been maintained. It is against the said judgment that the present writ petition has been filed.

(2.) I have heard Sri R.U. Ansari, learned Counsel for the petitioner and Sri Vishnu Kumar Singh, learned Counsel for the respondents.

(3.) LEARNED Counsel for the petition­ers submitted that the Mohd. Iqbal was never recorded in the revenue records ei­ther as the Bhumidhar of the land or as Sir­dar or Adhivasi or in any status whatso­ever. Further he was never shown to be in possession in the revenue records. The only basis of his claim was a stray statement made by the Zamindar in some proceed­ings that Mohd. Iqbal was in possession. He has further submitted that Mohd. Iqbal had utterly failed to establish his right, title and interest over the plot in dispute.