AYODHA Vs. D.D.C.

JUDGEMENT

(1.) Heard, Shri Ajay Sharma, learned counsel for the petitioner, Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha/opposite party no.4 and learned Standing Counsel. None appeared for the private respondents.

(2.) This writ petition under Article 226 of the Constitution of India has been filed challenging the judgment and order dated 06.03.1979, 19.07.1978 and 09.09.1977, passed by opposite parties no.1 to 3 respectively.

(3.) The dispute relates to the plot nos.352 and 353 which were recorded as Talab in the basic year khatauni and plot nos.351, 354, 409 and 410 recorded as Banjar in basic year Khatauni. The land in question is situated in village Palti Khera, Pargana Sareni, Tehsil Dalmau, District Raebareli. The consolidation proceedings initiated in the year 1968. The petitioner i.e. late Ayodhya had filed an objection under Section 9 of the U.P. Consolidation of Holdings Act in respect of the aforesaid plots claiming as his grove on which more than 300 trees were planted by him and his ancestors with the consent of the landlord and he is in possession over the same for the last over 50 years. Two more objections were filed by Shri Anoop Singh and Shri Sheo Singh claiming to be grove holders of the said plots, in dispute. All the three objections were forwarded to the Consolidation Officer, who partly allowed the objection of late Ayodhya vide judgment and order dated 28.07.1969. Other two objections were rejected. Both the parties preferred appeals which were decided by a common judgment and order dated 30.04.1970 by means of which the appeal of Sheo Singh and others was rejected while the appeal of Late Ayodhya was allowed and the case was remanded to the Consolidation Officer for deciding afresh after making spot inspection. In pursuance thereof the Consolidation Officer made spot inspection on 03.04.1972 and partly allowed the objection of Late Ayodhya vide judgment and order dated 22.04.1972.