ANIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri N.C. Rajvanshi, learned Senior Counsel for the petitioners, Sri D.D. Chauhan for the Gaon Sabha and the learned Standing Counsel for the State.

(2.) The petitioners have prayed for quashing of the order dated 3.11.2011 passed by Deputy Director of Consolidation and the order passed by Consolidation Officer on 30.8.2011 whereby the order passed in favour of the petitioners dated 8.4.2004 has been set aside restoring the entries of Plot No.1, area 10.43 acre, in favour of respondent - Gaon Sabha as was available in the records at the commencement of the consolidation proceedings.

(3.) The background, in which the present proceedings have arisen, arose out of an objection filed by Babu Ram, the father of the petitioners on 9.5.1988 under Section 9-A (2) of the U.P. Consolidation of Holdings Act, 1953, claiming tenancy rights over the disputed land on the basis of a lease said to have been executed by the then Zamindar through his deputed official Kalicharan on 20.6.1947. It is alleged that the petitioners' predecessor in interest came into possession over the said land immediately after the execution of the lease. It is also alleged that a revenue entry came to be made in the year 1952 which corresponds to 1359 Fasli immediately prior to the abolition of Zamindari.