BUDHSEN Vs. DEPUTY DIRECTOR OF CONSOLIDATION MEERUT

JUDGEMENT

(1.) The challenge in this petition is to the orders passed by the Consolidation Authorities holding that the Petitioners, who claim to have purchased the land from Smt. Bhawania on 19th October, 1965, had not acquired any title to the land, inasmuch as, Smt. Bhawania was the recorded Sirdar and that even before the Bhumidhari Sanad was given for which she had applied, she was dead and hence the sale deed could not have been executed. The Consolidation Authorities, therefore, found that since the Sanad had been issued after the death of Smt. Bhawania hence the sale deed could not be given effect to and the application moved by the Petitioners for mutation of their names was rejected.

(2.) The contesting Respondents No. 4 to 8 claimed succession through inheritance but their claim was also rejected and ultimately the Deputy Director of Consolidation passed an order that the land would vest in the Gaon Sabha by escheat It is this order which has been assailed before this Court.

(3.) The main ground taken by the Petitioners is that the application for grant of Bhumidhari Sanad had already been moved and that the order was also passed thereon on 12th October, 1965. It is undisputed that the Sanad was issued much thereafter on 18th July, 1966 and in between Smt. Bhawania died on 8th January, 1966. The matter had been taken up on 30th March, 2011 and noticing the Full Bench judgment in the case of Bansidhar v. Smt. Dhirajadhari and Ors.,1971 RevDec 371 the Respondents were called upon to obtain instructions particularly the Gaon Sabha.