SUBHASH Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri Arun Kumar, for the petitioner and Sri Santosh Kumar Singh, holding brief of Sri A.K. Mishra, for the respondents.

(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 19.11.1973, passed in Revision No. 8, Algoo Vs. Shiv Pujan and Revision No. 86, Kodai Vs. Shiv Pujan in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to khata No. 143, consisting plots 73 (area .38 acre) and 74 (area .38 acre) of village Karail Upadhyay, tappa Kaparwar, pargana Salempur Majhauli, district Deoria. In basic consolidation year, disputed khata was recorded in the names of Shiv Pujan and others (now represented by the petitioners) as sirdar. Algoo and others (respondents-2, 3 and 4) filed an objection (registered as Case No. 9021), claiming themselves to be sirdar of plot No. 74. Another objection (registered as Case No. 10082) was filed by Rambali and others (now respondents-5 to 9), claiming themselves to be sirdar of plot No. 73 and for deleting the names of Shiv Pujan and others. The petitioners contested the objections and stated that the land in dispute was sir of khewat khata-3 and 4. Bandhu (ancestor of the petitioners) was tenant of sir of the aforesaid plots since before 1334 F. Bandhu planted grove over it with the permission of the zamindar. Bandhu was shown as 'adhiwasi' of the land in dispute as such proceedings under Chapter IXA of U.P. Act No. 1 of 1951 was taken in which no objection was filed by the respondents. The petitioners were declared as sirdar and compensation has been awarded to the respondents which has been accepted by them. The petitioners are continuously recorded over the land in dispute and were in possession of it. The case was tried by the Consolidation Officer, Barhaj-Satraon, Deoria, who, by his order dated 31.07.1972 held that the respondents were recorded as grove holders of the land in dispute in 1348 F khatauni. Due to wrong entry of possession, the proceedings under Chapter IXA of U.P. Act No. 1 of 1951 was taken in which the petitioners were declared as sirdar although no sirdari right accrued on the grove land on the basis of possession. On these findings, objections of respondents were allowed and the names of the petitioners were directed to be deleted.