RAM NARESH MISRA Vs. SITA RAM

JUDGEMENT

(1.) Heard, Shri D.S. Pandey, learned counsel for the petitioner and Shri Uma Shankar Sahai, learned counsel for the respondent no.1. The respondents no.2 to 4 are the court concerned.

(2.) This petition has been filed against the judgment and orders dated 21.02.1975 passed by the Consolidation Officer (here-in-after referred as C.O.), 05.09.1975 passed by the Assistant Settlement Officer Consolidation (here-in-after referred as ASOC) and 20.09.1982 passed by the Deputy Director of Consolidation (here-in-after referred as DDC).

(3.) The dispute in the instant writ petition relates to Gata No.542 / area 0-4-16 of Khata No.47 of Village- Simra Tappa Haweli, Pargana- Bidha, Tehsil- Tanda, District- Faizabad now Ayodhya. The name of the petitioner namely Hardeo was recorded as Bhumidhar of Gata No.542 in the basic year of consolidation alongwith Rampher, Shiv Das and Sudama being the co-tenure holders. However, they have not claimed any right on the plot in question as it has been stated that the petitioner had got the land in dispute in partition. The possession of the respondent no.1 i.e. Sita Ram was recorded under clause-9 in the revenue records. On coming to know the petitioner had filed a suit for eviction but during pendency of the suit the consolidation proceedings started therefore the suit was abated. Therefore the petitioner had filed an objection under Section 9(2) of the Consolidation of Holdings Act, 1953 (here-in-after referred as Act of 1953) on 14.01.1974. The petitioner had also filed an objection regarding deficiency of some area of some other plots on 14.01.1974 but the same was not found proved by the Consolidation Authorities and before this Court also no arguments were advanced in regard to that. The respondent no.1 had filed objection to the objection / claim of the petitioner. The matter could not be settled before the Assistant Consolidation Officer therefore it was referred to the C.O. for decision on merit. The C.O., after the evidence adduced by the parties, considered the matter and rejected the objection / claim of the petitioner and directed to struck off the name of the petitioner from Gata No.542 and record the name of the respondent no.1 as Sirdar. Being aggrieved the petitioner had filed an appeal bearing no.9301 under Section 11(C) before the SOC, which was also rejected by means of the order dated 05.09.1975 by the ASOC. The Revision No.293 / 728 under Section 48 was filed by the petitioner which was also rejected by means of the judgment and order dated 20.09.1982. Hence the present writ petition has been filed. During pendency of the present writ petition the petitioner and the respondent no.1 died, therefore their legal heirs have been brought on record.