GHINAHUN Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri Dhirendra Pratap Singh, for the petitioner and Sri Anand Kumar, for the respondents.

(2.) The writ petition has been filed for quashing the orders of Assistant Settlement Officer Consolidation (respondent-2) dated 19.07.1974 and Deputy Director of Consolidation (respondent-1) dated 08.10.1975, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to the land of khata 26 (consisting plots 207, 208, 209 and 210), of village Kunchi, tappa Chaurasi, pargana Khairagarh, district Allahabad. In basic consolidation year, disputed khata was recorded in the name of Ghinahun (the petitioner). Parmatma Ram and others (respondents-4 to 6) filed an objection claiming sirdari right over the land in dispute, on the basis of their possession over the land in dispute since long before 1359 F. Bodai (respondent-7) filed an objection for recording his name over the land in dispute on the basis of sale deed dated 15.02.1971 executed by Ghinahun (the petitioner). Earlier the objections were decided by the Consolidation Officer but that order was set aside by Settlement officer Consolidation by order dated 03.05.1972 and the matter was remanded to Consolidation Officer for giving opportunity of evidence to the parties and then pass a fresh order. After remand apart from documentary evidence, Respondents-4 to 6 examined Parmatma Ram, Shivrodhar, (previous Pradhan of the village), Vijay Bahadur (Assistant Registrar Kanoongo) and Mangaroo. Bodai (respondent-7) examined Bodai, Salig Ram, Ghinahun, Hansraj (Lekhpal) and Bhudeo (Assistant Registrar Kanoongo).The Consolidation Officer, by his order dated 19.01.1974 found that possession of Parmatma Ram and others (respondents-4 to 6) before 1372 F over the land in dispute was proved but issuance of PA-10 and its service on the land holder has not been proved as such various khasras filed by respondents-4 to 6 could not be relied upon. He further held that since bhumidhari certificate has not been issued as such name of Bodai (respondent-7) on the basis of sale deed dated 15.02.1971 cannot be recorded. On these findings both the objections were dismissed and basic year entry was maintained.