TRILOKI SINGH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging the order dated 3.8.2000 passed by the Additional Commissioner and the order dated 30.7.1996 passed by the Up Zila Adhikari, Ghazipur.

(2.) The facts of the case, in brief, are that one Shiv Nath, the father of the petitioners filed a suit under Section 229-B of the U.P.Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred as the 'Act') for declaration of Bhumidhari rights in respect of plots no.1115,1121 and 1136 of village Andhaun, Pargana, Tehsil and District Ghazipur. Shiv Nath, plaintiff died during the pendency of the suit and was substituted by the present petitioners as his heirs. The plaint case was that the plots in dispute were original properties of one Gangajali alias Gangia, mother-in-law of Shiv Nath and there were trees existing over the plots in question, which numbered more than 100. When consolidation proceedings were initiated in the village where the plots were situate, the plots in question should have been omitted from the consolidation proceedings and treated as a grove. However, in the consolidation proceedings the plots were treated as new Parti and declared to be Banjar land and the name of Gaon Sabha was entered in the revenue records in respect of the land in question by the Up Zila Adhikari by the impugned order dated 30.7.1996.

(3.) Aggrieved the petitioner filed a Revision No.25/30 of 1998. The Revisional Authority/ Additional Commissioner, Varanasi Division, Varanasi also dismissed the said revision by his order dated 3.8.2000 on the ground that the suit filed under Section 229-B of the Act was barred by the the provisions of Section 49 of the U.P. Consolidation of Holdings Act, 1953.