MUSHARRAT Vs. COLLECTOR AND OTHERS

JUDGEMENT

(1.) Heard Sri Arjun Singhal, for the petitioner and Standing Counsel, for the respondents.

(2.) The writ petition has been filed for quashing the order of Collector Muzaffar Nagar (respondent-1) dated 16.03.2013, by which he has directed the Sub-Divisional Officer, Sadar, Muzaffar Nagar to allot an area of 2000 sq. meter of plot No. 1061/1, of village Bahlana, pargana and district Muzaffar Nagar to District Co-operative Development Federation Ltd. Muzaffar Nagar.

(3.) It has been stated by the petitioner that his father was in possession of plot No. 1061/1 (old number 911/4) (area one bigha five biswa), of village Bahlana, pargana and district Muzaffar Nagar from long time. During previous consolidation, he filed an objection claiming his adverse possession over the land in dispute before the Consolidation Officer. The Pradhan of the village appeared before the Consolidation Officer and admitted his possession from two years. The Consolidation Officer by his order dated 13.09.1961 directed for recording his name in class IV of the khatauni. Subsequently on the basis of the resolution of Gaon Sabha, plot No. 1061 (area 1 bigha 3 biswa) was allotted to him. The father of the petitioner deposited the allotment charges on 21.11.1968. On the basis of the patta granted by the Land Management Committee the father of the petitioner became sirdar and bhumidhar with transferable right, under Section 130 of U.P. Act No. 1 of 1951, w.e.f. 28.01.1977, of the land in dispute, but in the revenue records, plot No. 1061 M (area 0.234 hectare) is wrongly recorded as banjar land in the name of Gaon Sabha. When Gaon Sabha began to interfere with the possession of the father of the petitioner over the land in dispute, he filed Suit No. 31 of 2006 under Section 229-B of U.P. Act No. 1 of 1951 for declaring him as the bhumidhar with transferable right of the land in dispute on 04.04.2006, which was dismissed by Sub-Divisional Officer by order dated 29.02.2008, but appeal filed by the father of the petitioner against the aforesaid order has been allowed by Additional Commissioner (Judicial), First, Saharanpur by judgment dated 17.11.2008 and the matter was remanded. After remand, it is pending in the Court of Sub-Divisional Officer, Sadar, Muzaffar Nagar. In the meantime, the Gaon Sabha initiated proceedings under Section 122-B of U.P. Act No. 1 of 1951, in which Tahsildar by order dated 30.04.1988 directed for ejectment of the petitioner. The petitioner filed a revision from the aforesaid order which has been dismissed by the Collector by order dated 31.05.1990. The petitioner filed Writ Petition No. 14911 of 1999 challenging the aforesaid orders, which has been disposed of with the direction that the impugned order shall be treated to be subject to the result of the suit and the petitioner was given liberty to file an application for temporary injunction in the suit. However during pendency of the aforesaid suit, the Collector Muzaffar Nagar (respondent-1), by the impugned order dated 16.03.2013, has directed the Sub-Divisional Officer, Sadar, Muzaffar Nagar to allot an area of 2000 sq. meter of plot No. 1061/1, of village Bahlana, pargana and district Muzaffar Nagar to District Co-operative Development Federation Ltd. Muzaffar Nagar.