JAG RAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This petition has been filed by the petitioners Jag Ram and Ram Deo, sons of Raj Dei w/o Mehi Lal, challenging the order passed by the Deputy Director of Consolidation dated 20.05.2002 in Revision Nos.318: Bechai and others Vs. Jag Ram and others and in Revision No.319: Bechai and others Vs. Jag Ram and others. By the order impugned, the Deputy Director of Consolidation has set aside the order dated 09.02.2001 passed by the Settlement Officer (Consolidation), Gonda in Appeal Nos.621 and 983 of 1973.

(2.) It has been submitted by Sri R.K. Saini, learned counsel for the petitioner, that the dispute relates to Khata No.93 in Village Sohans, Pargana Tehsil and District Gonda ad-measuring 13.23 acres. It has been submitted that the land in dispute was recorded in the name of Jagannath, maternal grand father of the petitioners in 1345 Fasli i.e. in the year 1938 in Category-III in the Third Settlement. After the death of Jagannath, Mst. Bachauna, the widow of Jagannath was recorded in the Khatauni as Sirdar of the land in dispute in 1360 Fasli i.e. in the year 1953. Thereafter, the names of Nageshwar, Rameshwar, Ram Samujh and Sunder, all sons of Ganesh, were recorded along with the name of Mst. Bachauna in the khatauni of 1369 to 1371 Fasli.

(3.) After 1372 Fasli the name of Smt. Bahauna was surreptitiously removed and only the names of the sons of Ganesh came to be recorded. This wrong entry continued in the Basic Year Khatauni and when consolidation operations began in the village concerned, Smt. Rajdei, the daughter of Smt. Bachauna and the mother of the petitioners filed an objection under Section 9A-2 before the Consolidation Officer.