VISHWANATH SINGH Vs. D D C BASTI

JUDGEMENT

(1.) AMRESHWAR Pratap Sahi, J. The contention on behalf of the petitioners is that they have not been afforded an appropriate opportunity to raise their pleas in relation to the claim of possession as also the recorded entries in their favour and, therefore, the impugned order is in violation of principles of natural justice. Learned counsel for the petitioner submits that the impugned order seeks to dislodge the petitioners in a summary fashion without holding a proper trial and without giving opportunity to the parties to adduce evidence.

(2.) THE claim of the petitioners appears to be on the strength of an order stated to have been passed by the Consolidation Officer in proceeding under Section 9-A (2) dated 8.9.1998 (Annexure-1 to the writ petition). A perusal of the same demonstrates that the Consolidation Officer had directed that the names of the petitioners should be recorded as Bhumidhars as there was an order of the Tehsildar Dumriyaganj, Basti, dated 7. 11. 1975 declaring them as Sirdars. The said order further indicates that the proceedings before the Tehsildar were under 115-C of the U. P. Z. A. and L. R. Rules. The petitioners through out contested the matter for getting the said order implemented and their names recorded, and since the respondents have expunged the names so recorded in favour of the petitioners without dealing with the controversy, it is, therefore, contended that the order impugned be set aside.

(3.) THE impugned order categorically records that in the settlement records of the previous consolidation proceedings of the year 1962, CH Form-45, which was prepared on the conclusion of the consolidation operations, records the plot in dispute as Khalihan (Threshing Floor). The impugned order further records that the petitioners' name was recorded in Column-4 which came to be expunged as the disputed plot No. 643 is clearly a public utility land as defined under Section 132 of the U. P. Zamindari Abolition and Land Reforms Act 1950. It is for this reason that the entry in favour of the petitioners was expunged.