ACHHEY LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) THE above mentioned writ petitions arise out of a proceeding under section 9-A (2) of the U. P. Consolidation of Holdings Act in respect of plot nos. 19/2/1, 61/2, 19/2/2, 19/2/3 areas 0.343, 0.178, O 040, O015 and O 104 acre respectively, which are situate in village Tilakpur, Pargana Gopalpur, Tahsil Sagari, District Azamgarh.

(2.) IN the basic khatauni petitioners Achche Lal, Vishwanath and others were recorded as tenure holders of these plots, Dallu. Ballu and Shiv Pujan were recorded in the basic khatauni in varg-9 over plot no. 19/2/1 area 0.343 acre and plot 61/2 area O.I78 acre. Both these plots as also plot no. 19/2/2 area O 040 acre and plot no. 19/2/3 area O 015 acre were recorded in the bhumidbari khata of Achche Lal and others in the basic khatauni. But plots no 19/2/2 and 19/2/3 ware found on the spot as abadi during field to field partial Plot No. 91/2 area O 104 acre was recorded in the sirdari khata of petitioners Achche Lal and others.

(3.) THE parties adduced their evidence before the Consolidation Officer, who dismissed the objection filed by Dallu and others vide order dated 20-2-1969. Appeal against the said order was dismissed by the Settlement Officer Consolidation vide order dated 6-6-1969. THE revision purporting to be on behalf of Dallu, Ballu and Shiv Pujan though filed with the signature of Ballu alone was dismissed by the Deputy Director of Consolidation on 9-4-1970. A writ petition it being Civil Misc. Writ Petition No. 3658 of 1970 filed against the aforesaid orders was rejected summarily by the High Court vide order dated 29-9-1970. Petition for leave to appeal to the Supreme Court was rejected by Division Bench vide order dated 3-3-1976.