PARSHURAM Vs. D D C

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and Ms. Madhu Tandon, learned standing counsel for the respondent nos.1, 2 and 3. The dispute relates to plot No.312/1 area 1.06 acres situate in village Chakia, Tappa Bhatni, Pergana Shahjahanpur, Tehsil and District Deoria. During the consolidation operation, Gaon Sabha filed objection against the recorded tenure holders over the said plots. The Gaon Sabha came forward with the case that the aforesaid plot is a pasture land and is wrongly recorded in the basic year in favour of the petitioners herein. The case of the Gaon Sabha has been accepted by all the three authorities below.

(2.) CHALLENGING the orders passed by the Consolidation Officer, Settlement Officer Consolidation in appeal and of Deputy Director of Consolidation in revision, the present writ petition has been filed.

(3.) A bare perusal of the order of the Deputy Director of Consolidation would show that the land in dispute was recorded as grass growing land in the revenue year 1355 to 1359 which corresponds to the year 1946 and onwards. Section 8 of the UPZA & LR Act provides that any contract for grazing or gathering of produce from land or the collection of forest produce or fish from any forest or fisheries entered into after the eighth day of August, 1946, between an intermediary and any other person in respect of any private forest, fisheries, or land lying in such estate shall become void with effect from the date of vesting.