RAM ASREY Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Vijay Bahadur Verma, learned counsel for the petitioners and learned brief holder of Sri Shailendra Srivastava, learned counsel for contesting respondents.

(2.) THIS writ petition arises out of title dispute raised before consolidation courts. The dispute was raised in respect of three khatas bearing no. 319 of village Hussainpur, Sudhana, Pargana and Tehsil Tanda, District Faizabad and Khata Nos.626 and 613 situate in village Khaspur. Against the decision of the Consolidation Officer (C.O.) in respect of Khata Nos. 626 and 613 no one filed any appeal hence the dispute in respect of those khatas did not survive. This writ petition is confined only to the decision of the C.O. as affirmed by SOC and DDC in respect of Khata No.319. In the basic year the said khata was entered in the name of Ram Asrey petitioner no.1 and Ghure son of Phagu original respondent no.4. Both the petitioners Ram Asrey and Ram Adhar were real brothers. In respect of all the three khatas the collaterals of the recorded tenure holders claimed co-tenancy. Udit had five sons. Ram Samugh father of the petitioner, Phagu father of respondents no.4 to 6 and Bootan original respondent no.7. (Who appears to have died even before filing of the writ petition as in the pedigree given in para 6 of the writ petition he is shown to be died. However he has been substituted by his legal representatives). Udit had two more sons Antu and Muneshwar. However they did not claim any right in the properties.

(3.) THE C.O. Baskhari Tanda, District Faizabad where the cases had been registered as Case Nos. 883, 844 and 845 decided the matter on 31.8.1979. The C.O. held that it was not shown that if Ram Asrey was exclusive tenant then how the name of Ghure was entered in the revenue record since 1354 Fasli and why no proceedings of his eviction were taken ultimately C.O. directed recording of names of members of all the three branches of Ram Sanugh, Phagu and Bootan. Against the order of C.O. appeal was filed being Appeal No. 13280/663 SOC, Faizabad (Tanda) dismissed the appeal on 8.4.1980. Against the said order petitioners filed Revision No.1864 DDC, Faizabad dismissed the revision on 23.2.1982 hence this writ petition.