RAM DULAR Vs. DEPUTY DIRECTOR CONSOLIDATION JAUNPUR

JUDGEMENT

(1.) IN basic year records prepared under U. P. Consolidation of Holdings Act plot numbers 24, 28 and 50 were shown as Talab whereas plot numbers 49, 51, 52, 53, 54 and 55 were entered as Bhita. Three sets of objections were filed under section 9 one by Babu Lal and others, ex-zamindars, other by Ram Dular and others and third by Ram Sumer and others. Each set of objectors claimed to be grove-holders before the date of vesting and bhumidhars under section 18 of UP ZA and LR Act I of 1951. All the three Consolidation Authorities have found it as a fact that plot numbers 24, 28 and 50 were Talab in 1288 F. and continued to be so on the date of vesting. And from this Talab irrigation was done. None of the parties, therefore, had any right or title in it. IN respect of remaining plots the Consolidation Officer allowed Babu Lal's objection but rejected those of Ram Dulare and Ram Sumer. IN appeal the order was maintained. The Deputy Director, however, by his order dated 14-2-1972 rejected the claim of Babu Lal even and directed basic year entries to continue. Entry of trespasser in favour of Babu Lal was also directed to be expunged. Against this order Babu Lal filed an application purporting to be restoration application and seeking recall of the order dated 14-2-1972 as it was passed without proper appreciation of Consolidation Officer's plot inspection note. Treating it as review petition the Deputy Director maintained his order in respect of plot nos. 24, 28 and 50 but set aside it in respect of other plots. He held that from inspection note it was clear that land was grove and as Babu Lal was ex-zamindar he must have planted trees on it. Against this order two writ petitions nos. 57,09 and 5588 of 1972 have been filed, one by Ram Dulare and others and other by Ram Sumer and others respectively.

(2.) AS regards order dated 22-5-1972 passed by Deputy Director Consolidation reviewing his earlier order it does not need any elaborate discussion that the order

(3.) IN the result, both the petitions succeed and are allowed. The order passed by Deputy Director of Consolidation dated 22-5-1972 is quashed. The order passed by Deputy Director of Consolidation dated 14-2-1972 is quashed in part. The finding that plots nos. 24, 28 and 50 were Talab is upheld. But the finding regarding plot nos. 49, 51, 52, 53, 54 and 55 is quashed. The Deputy Director shall decide the dispute in respect of these plots afresh in accordance with law. Parties shall bear their own costs. Petition allowed.