MOHD RAZA Vs. DEPUTY DIRECTOR OF CONSOLIDATION BANDA

JUDGEMENT

(1.) BY the present writ petition under Article 226 of the Constitution of India the order dated 15-7-85, passed by the Deputy Director of Consolidation, Banda, under section 48 of the U. P. Consolidation of Holdings Act (for short 'the Act') is sought to be quashed by a writ of certiorari.

(2.) THE factual position is that in the basic year petitioner was entered over the plots in dispute and is in possession for the last 20 years. After the extracts from the records were issued as provided under section 9 (1) of the Act, respondent No. 2, the main tenant filed an objection under section 9 (2) of the Act within 21 days before the Asstt. Consolidation Officer disputing the correctness of the entries in favour of the petitioner and alleging that the entries of the petitioner were fictitious and forged and were prepared against the provisions of law and in fact respondent No. 2 was a Sirdar and now Bhumidhar of the land in dispute and in the remarks column the entries of the name of the petitioner were not made in accordance with law nor he has any knowledge about the entries being made in favour of the petitioner as Sirdar, and that the name of the petitioner may be expunged from the revenue record and that of respondent No. 2 may be entered as Sirdar/Bhumidhar.

(3.) LEARNED counsel for the petitioner has urged that the entries in the revenue papers were prepared in the name of the petitioner in accordance with law, particularly in accordance with the procedure provided under paragraphs A-80, A-81 and 423 (5) of the U. P. Land Records Manual and that oral evidence led by the petitioner was not considered hence the impugned order cannot be sustained as there was manifest error apparent on the face of the record. Reliance was placed on Mahabir v. Deputy Director of Consolidation, 1974 Unreported Revenue Cases 674; Paras Nath v. Wajiul Hasan, Unreported Revenue Cases 615 (DB); Nanha v. Deputy Director of Consolidation, Kanpur, 1975 AWC 1 and Bramhanand Rai v. Deputy Director of Consolidation, Ghazipur, 1986 AWC 306 (DB).