IBRAHIM KHAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION AGRA

JUDGEMENT

(1.) BY means of present writ petition, petitioner Ibrahim Khan has challenged the order of the Deputy Director of Consolidation dated 28-7-1984, by means of which the Deputy Director of Consolidation has dismissed the revision riled by the petitioner and allowed two revisions of Abdul Aziz and Shariff The brief facts given rise to this writ petition are as follows :- Properties owned by the petitioner shown in pedigree were declared to be evacuee property and was acquired by the Custodian to the extent of 19/66 share of the total land of 62 Bigha 14 Biswa. Such land acquired by the custodian was subsequently purchased by Ismail Khan, Mohammad Sher and Abdul Aziz. Accordingly a certificate of sale was issued by the Assistant Custodian, Agra on 11-7-1962, giving the details of the land, a copy of which is also on the record as annexure-l to this writ petition. Subsequently, the name of the respective purchasers of their evacuee property was mutated in the papers on the respective land. According to the petitioner the remaining area after excluding the portion acquired by the Custodian and sold, 44 Bigha and 13 Biswa was the remaining land of Khata No. 82 when the notification under section 4 of the CH Act was made and thereafter the Consolidation Authorities are required to decide the shares of the respective parties in this area of 44 Bighas 13 Biswa.

(2.) IN the basic year, the names of Ibrahim, Abdul Aziz and Shaukat, Bundu Khan and Bashir. Manzur Khan, Mohd. Sharif and Latif, Smt. Hamidan, Abdul Aziz, Kaley Khan, Shamshuddin and the Asstt. Custodian were recorded.

(3.) CONSOLIDATION Officer rejected the objection of Anwar and Smt. Khatoon Begum and allowed the objection of Ibrahim and Kaiey Khan. The CONSOLIDATION Officer held that the name of the Assistant Custodian be expunged in place of Shaukat Ali, the name of his son Ashiq Ali be recorded and at the place of Bundu Khan, Manzur Khan and Ramzani the names of their heir Bashir be recorded and it was further held that the name of Smt. Hamidan be expunged and determined the shares of the parties accordingly including the share of the petitioner as 3/8th. He further held that Smt. Khatun Begum has failed to prove herself to be the daughter of Smt. Hamidan.