SRI PAL Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri R.K. Pandey, for the petitioner and Sri V.K. Ojha, holding brief of Sri Ramendra Asthana, for the respondents.

(2.) The writ petition has been filed for quashing the orders of Settlement Officer Consolidation (respondent-2) dated 23.12.1974 and Deputy Director of Consolidation (respondent-1) dated 22.02.1977, 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.161 (consisting of plots 232, 333, 345, 456, 570, 594, 826, 879, 898, 922, 923, 1036, 1070, 1127 and 1190) of village Barauli Azam, tahsil Baberu, district Banda, which was recorded in the name of Maheshwari and Shyam Lal (now represented by respondents-3 to 9) (hereinafter referred to as the respondents) in basic consolidation year and name of Sri Pal (petitioner-1) was recorded in column IX over plots 232, 333, 345, 456, 570, 594, 879 and 898 and name of Gore Lal (father of petitioner-2) was recorded over plots 922, 923, 1070 and 1127. The petitioners filed an objection (registered as Case No. 137 of 1973) under Section 9 of the Act, claiming sirdari right over the land in dispute. The respondents filed an objection for deleting the names of the petitioner from column IX. The case was tried by the Consolidation Officer, Bisenda, Banda. Apart from documentary evidence produced by the parties, the petitioners examined Sri Pal (PW-1) and Dharam Pal (PW-2) and the respondents examined Maheshwari (DW-1) and Machla (DW-2). The Consolidation Officer, by his order dated 31.01.1974 found that from the khasra 1368 F, 1370 F, 1372 F, 1373 F to 1378 F and order of Sub-Divisional Officer dated 24.09.1968 passed in the proceedings under Section 145 Cr.P.C. possession of the petitioners was proved. The petitioners also filed copies land revenue receipts which were in the name of Maheshwari. The respondents have not produced Lekhpal or Supervisor Kanoongo to contradict the entries of khasra. On these findings the objection of the petitioners was allowed by order dated 31.01.1974.