SREE KRISHNA Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri S.L.Yadav, learned counsel for the petitioners, Sri S.Pratap Singh, learned counsel who appears on behalf of the respondents no. 3 and 4 and learned Standing Counsel for the respondents no. 1 and 2.

(2.) The petitioners are aggrieved by the order dated 23.6.1973 passed by the Assistant Settlement Officer, Consolidation, Basti and the order dated 30.10.1976 passed by the Deputy Director, Consolidation, Basti, wherein the appeal of the respondents no.3 and 4 has been allowed by the Settlement Officer, Consolidation and the revision filed there against by the petitioner has been dismissed.

(3.) Sri S.L.Yadav, learned counsel for the petitioners has submitted that the plots in question are situate in Khata No. 45 in village Saraiya, Pargana Nagar West, District Basti and were recorded in the basic year in the name of the petitioners as also the respondents no. 3 and 4. The plots were purchased by the petitioners where Girja Prasad the brother of respondents no. 3 and 4 executed a registered sale-deed dated 23.06.1964. By another registered sale-deed executed by the petitioners on the same day in favour of the respondents the land of the village Barhni Pargana Nagar West District Basti was sold by the petitioners to the respondents no. 3 and 4 through their brother Girja Prasad. He submits that in effect, it was not an exchange of holdings between the petitioners on the one side and the respondents no. 3 and 4 and their brother Girja Prasad on the other side since sale deeds were executed and as such the Settlement Officer, Consolidation and the Deputy Director, Consolidation could not hold that the respondents no. 3 and 4 would continue to have shares in the Khata No. 45 and the Consolidation Officer had rightly expunged the name of the respondents no. 3 and 4 from the land and had recorded the name of the petitioners, who are purchaser of the land in question.