BASUDEO Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) The dispute relates to khatauni Khata No. 113 Ba, which was recorded in the name of Ravi Nandan S/o Kamta. The land comprising in the said khata is in village Hariharpur, Pargana Shadiabad, District Ghazipur. The said village was brought under consolidation operation. The consolidation proceedings were concluded and on 9th June, 1970, the village was de-notified under Section 52 of the U.P. Consolidation of Holdings Act (hereinafter referred to as 'the Act').

(2.) Again for the second time on 26th December, 1983, the village was notified for consolidation by notification issued under Section 4(2) of the Act. For the purposes of filing the objection under Section 9A(2) of the Act, the notification was issued on 9th October, 1986 and another notification under Section 20 of the Act was issued on 14th March, 1988. The Chaks were carved out and Chak No. 276 thereafter, was allotted to Ravi Nandan to whom the possession was delivered on 30th August, 1990.

(3.) After the finalization of all the proceedings under the said Act, Chandrama Respondent No. 3 herein filed a belated objection on 7th November, 1996 (after ten years) under Section 9A(2) of the Act along with an application to condone the delay in its filing. Respondent No. 3 in brief, pleaded that he has acquired bhumidhari right over the land in dispute being in adverse possession for more than the prescribed period of limitation. The objection was registered as a case and it was decided in terms of the compromise between Chandrama and Ravi Nandan by accepting the case of Chandrama. The compromise application is the basis of order of the Consolidation Officer dated 23rd September, 1998.