RAM LAKHAN Vs. J.D.C.

JUDGEMENT

(1.) Heard, Sri P.V. Chaudhary, learned counsel for the petitioner and Sri S.P. Tiwari, learned counsel for the private respondents. Chief Standing Counsel has accepted notice on behalf of opposite party no.1.

(2.) The instant writ petition has been filed challenging the judgement and order dated 29.08.1985 passed by the opposite party no.1 i.e. Joint Director of Consolidation, Sultanpur(here-in-after referred as JDC).

(3.) The dispute relates to Plots of Gata No.47, situated in Village-Tihra, Pargana-Barosa,Tehsil and District-Sultanpur, which was recorded in the names of the petitioner-Ram Lakhan(now the deceased) and Ram Deen, son of Budhai, and uncle of the petitioner in the basic year. A joint objection dated 23.12.1978 was filed by Smt.Jhabra, the opposite party no.2(now deceased) and Ram Kishun, son of Budhai (now deceased), claiming co-tenancy in the disputed gata. The Consolidation Officer, by means of the order dated 24.11.1980, rejected the claim of Ram Kishun and Har Deen and determined the share of the petitioner as 2/3rd and the opposite party no.2 as 1/3rd in Gata No.47. Two appeals, bearing no. 790(Ram Lakhan versus Smt. Jhabra and others) and 371(Ram Kisun versus Ram Lakhan and others), were filed against the order dated 24.11.1980 under Section 11(1) of the U.P. Consolidation of Holdings Act, 1953 (here-in-after referred as the Act of 1953). The appeals were dismissed by means of the order dated 21.05.1981. Hence two revisions, bearing no.1058 (Ram kishun versus Ram Lakhan) and 1059 -(Ram Lakhan versus Smt. Jhabra), under Section 48 of the Act of 1953 were filed. The revision of the opposite party no.2 was allowed and the revision of the petitioner was dismissed by means of the order dated 29.08.1985 and the order passed by the Settlement Officer Consolidation and Consolidation Officer have been amended accordingly and share of the opposite party no.2 has been determined as 2/3rd and share of the petitioner as 1/3rd in the land in dispute. Hence, the present writ petition was filed.