GORAKH NATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION JUNPUR

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution of India, petitioners have prayed for quashing of the judgement and orders dated 23.9.1974, 30.04.1971 and 12.02.1969 passed by the Deputy Director of Consolidation, Jaunpur, Assistant Settlement Officer Consolidation, Jaunpur and the Consolidation Officer, Gulzarganj, Tehsil Mariyahun, District Jaunpur. respectively whereby all the Consolidation Courts have decided in favour of the respondents and against the petitioners.

(2.) THE dispute relates to land comprising of Khata Nos. 69A, 74A, 12, 13, 14, 70 and 138 situate in village Belgahan, Pargana & Tehsil Mariyanhu, District Jaunpur (hereinafter referred to as the Khatas in dispute). According to the petitioners Khata No. 69A and 74A were ancestral, whereas the remaining Khata Nos. 12, 13, 14, 70 and 138 was the sole acquisition of Gajadhar. Smt. Govindi, widow of Gajadhar executed a gift deed on 2nd September, 1939 in favour of her four daughters Maharaji, Sukhraji, Dilraji and Kabila as also her maternal grand sons Chhangu, Ram Baran, Kedar, Kabila and Krishan Chandra. THEy continued to be recorded as such.

(3.) IN the meantime the Consolidation operations intervened wherein objections were filed by the petitioners under section 9-A of the U.P. Consolidation of Holdings Act 1953 (hereinafter referred to as the CH Act). The Consolidation Officer vide order dated 12th February, 1969 partly allowed the objections. Against the same both sides filed appeals under Section 11 of the CH Act.