PUNVASI Vs. DY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) Shivadhar Singh was the recorded tenure holder of plot No. 253/2 of Village Bankipur Pargana Nizamabad Tahsil Sadar district Azamgarh. After consolidation operations set in it is alleged by the Petitioner who belongs to Washerman (Dhobi) community, a part of the said area of the holding of Shivdhar Singh namely an area 0.553 kari was placed out side the consolidation operation and the balance of the area of the said plot was reserved for 'Dhobi Abadi" . An objection was filed by Shivadhar Singh under Section 9 of the Consolidation of Holdings Act. The area which was allegedly reserved for Dhobi Abadi was valued and an equivalent area was allotted to Shivadhar Singh.

(2.) Learned Counsel for the Petitioner submits that a fresh objection was filed under Section 9 substituting the heirs of Shivadhar Singh by Respondent Nos. 4 and 5, son and his widow respectively on 13.10.2009 alleging that the said land should be included in the holding of the objectors as they had their Abadi site and houses as well as cattle troughs over the same. The Consolidation Officer Respondent No. 3 passed orders on 15.12.2009 placing the balance area out of consolidation operations. The said objection was allowed after accepting the application for condoning the delay under Section 5 of the Limitation Act.

(3.) Learned Counsel for the Petitioner contends that he is the beneficiary of the area which was reserved as "Dhobi Abadi" and the order dated 15.12.2009 was passed without giving any opportunity, as such the Petitioner who was an aggrieved person filed a restoration application. The said restoration was allowed on 29.12.2009.