NAND KISHOR Vs. D.D.C. AND ORS.

JUDGEMENT

(1.) HEARD Sri Triveni Shanker, learned Counsel for the Petitioner.

(2.) RESPONDENT No. 2 having died issueless his name has already been directed to be deleted from the array of the parties vide order dated 8.12.2010.

(3.) FACTS giving rise to the dispute in the present writ petition is that an objection under Section 9A(2) of U.P. Consolidation of Holdings Act (for short the 'Act') was filed by the Respondent No. 2 on the allegation that he was in possession over the land in dispute for more than 12 years hence has acquired 'Sirdari' right. Consolidation Officer vide order dated 31.7.1973 finding that he has failed to produce any evidence in support of the claim that he was in possession for over 12 years, dismissed the objection. The Petitioner went up in appeal. The appellate court affirmed the findings of the Consolidation Officer and vide order dated 21.5.1975 dismissed the appeal. The order was challenged by the Respondent No. 2 by way of revision before the Deputy Director of Consolidation who though dismissed the revision vide order dated 16.5.1975 but held that the land in dispute belongs to Gaon Sabha. Aggrieved by the same, the Petitioner has approached this Court.