RAJ DEV Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri Ram Krishna Yadav, for the petitioner and Sri R.D. Tiwari, for the respondents.

(2.) The writ petition has been filed for quashing the orders of Consolidation Officer (respondent-3) dated 06.03.1973, Settlement Officer Consolidation (respondent-2) dated 28.09.1974 and Deputy Director of Consolidation (respondent-1) dated 16.12.1976, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to the land recorded in khata No.37 (consisting of plots 592 and 908) of village Chhatauni, tahsil Phulpur, district Azamgarh, which was recorded in the name of Kapil Dev and others (respondents-4 and 5) (hereinafter referred to as the respondents) in basic consolidation year. The petitioners filed an objection (registered as Case No. 475/88) under Section 9 of the Act, claiming sirdari right over the land in dispute. It has been stated by the petitioners that their ancestors were in possession over the land in dispute since before date of vesting. The respondents filed a suit under Section 175 of U.P. Tenancy Act, 1939 and obtained an ex parte decree in it on 25.11.1947. On it's basis possession over the land in dispute was taken on 22.06.1953. The petitioners moved an application under Section 20 read with Section 232 of U.P. Act No. 1 of 1951, on 30.12.1953 for restoring their possession and declaring them as adhiwasi/sirdar of the land in dispute, which was returned by the Court, on 01.08.1955 for presenting it before the appropriate Court. The petitioners were never dispossessed from the land in dispute on the spot. Their possession over the land in dispute was found and their names were directed to be recorded in the CLRD scheme held in the year 1960. The respondents then filed a suit under Section 229-B/209 of U.P. Act No. 1 of 1951, on 22.03.1963, which was dismissed by the Trial Court by order dated 28.02.1966. However the Commissioner allowed the appeal of the respondents by order dated 06.07.1968. The petitioners filed Second Appeal No. 845 of 1967-68 which was allowed on 14.10.1969. Then the respondents filed Writ Petition No. 1287 of 1970 which was allowed by judgment dated 03.01.1972 and the matter was remanded to the Board of Revenue, U.P. but subsequently the second appeal as well as the suit were abated on 01.08.1972. The petitioners claimed that they were never dispossessed on the spot and had become sirdar of the land in dispute.