RAM NARAIN Vs. D.D.C. DISTRICT BARABANKI

JUDGEMENT

(1.) This petition has been filed praying for quashing of the order dated 30.07.2019 passed by the Deputy Director of Consolidation Barabanki in Reference No. 415: Ram Narain and Others Vs. Tej Bahadur and others, under Section 48(3) of the U.P. Consolidation of Holdings Act and also for quashing of the order dated 30.01.2016 passed in Case No.178/403/219/133/2016: Lauhar Prasad and others Vs. Tej Bahadur and others, under Section 28 of the U.P. Land Revenue Act.

(2.) It has been submitted by learned counsel for the petitioners that the father of the petitioner nos. 1 and 2 was the original tenure holder of the land of Gata No.467/1277 (Old No.255/1) area 5-7-0 situated at village Mahulara, Pargana Suryapur, Tehsil Ram Sanehi Ghat, District Barabanki. The father of petitioner nos.1 and 2, namely, Molhe executed a sale deed on 30.01.1992 in favour of respondent nos.3 to 6 as well as one Mansa Ram- the husband of respondent no.7, by means of which he transferred an area of 8 Biswa only to the private respondents.

(3.) In the year 2013, the respondent nos.3 to 7 tried to take possession of the land towards the road side, then it came to the knowledge of the petitioners that such manipulation had been created in the records. The petitioners initially filed a case under Section 28 of the U.P. Land Revenue Act, before the respondent no.2 for correction of map, however the said case was rejected on 30.01.2016 by saying that only correction in map of existing boundaries can be done under Section 28 of the Act and new boundaries cannot be marked under the said Section.