ASHARFI Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri Raghuvansh Misra, learned counsel for the petitioners and Sri K.N. Yadav, learned counsel appearing for the private respondents and learned Standing Counsel for the State-respondents.

(2.) The petition arises from consolidation proceedings, wherein a title claim was made by the petitioners in khata no.130 at Village-Bakuldiha, Tappa Sukarhar, Pargana Tilpur, Tehsil-Maharajganj, District-Gorakhpur (hereinafter also referred to as the 'agricultural holding in dispute'). Ram Nath, Ram Lagan and Ram Awadh were real brothers, born of Jagroop. All petitioners claim under Ram Lagan and all private respondents claim under Ram Nath.

(3.) By the impugned order dtd. 21/11/1984 passed by the Assistant Director of Consolidation, Gorakhpur, the petitioners' revision filed against the order dtd. 11/8/1978 (passed in appeal), by the Assistant Settlement Officer, Consolidation, Gorakhpur, has been dismissed. That appeal had been filed by the private respondents claiming under Pardesi (son of Ram Nath), against the order dtd. 3/10/1975, passed by the Consolidation Officer, Nichlaul, Gorakhpur who had allowed the title objections filed by the petitioners under Sec. 9-A of U.P. Act No.5 of 1954 (hereinafter referred to as the 'Act').