MURARI DUSHADH Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) The Petitioners, who claim themselves to be the allottees of land declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, are aggrieved by the order passed by the Deputy Director of Consolidation in proceedings under the U.P. Consolidation of Land Holdings Act, 1953 dated 11.2.2011. By the impugned order the Deputy Director of Consolidation has refused to recall the final order passed on 23.8.1983.

(2.) The dispute has a chequered history and therefore the facts have to be noted before proceeding any further. I have heard Sri P.K. Kashyap, learned Counsel for the Petitioners and Sri Vimal Prasad for the Respondent Nos. 5 to 11 and 13 and the learned Standing Counsel for the Respondent Nos. 1 to 4.

(3.) The land which is subject matter of dispute was the holding of one Shiv Pujan Singh S/o Ram Chandar. The contesting Respondents herein and their predecessors in interest claimed sirdari tenureal rights as against Shiv Pujan, for which they instituted a suit under Section 229B of the U.P. Z.A. & L.R. Act, 1952. The said declaratory suit filed under Section 229B of the U.P. Z.A. & L.R. Act by the Respondent - Uma Shankar and his ancestors Bali Ram, Jhoora and others was decreed on 14.2.1966. There were other competing claims in respect of the same land including one by Ali Hussain who is Respondent No. 14 herein that was being contested with the State as one of the Defendants. They filed an appeal against the said judgment and decree dated 14.2.1966 which was allowed and the suit was dismissed. A second appeal filed by the Respondents Uma Shankar Singh and others before the Board of Revenue who were Plaintiffs was also dismissed. Against the same, writ petition No. 1736 of 1969 was filed and the same was also dismissed on 5.9.1969. An S.L.P. against the said judgment was also filed which is also stated to have been dismissed on 19.5.1971.