KRASHNA DEV Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This writ petition arises out of proceedings under Section 9-A of the U.P. Consolidation of Holdings Act, 1953, in Case No.542/541/543 of 2006 (Krishna Dev Vs. Raj Narain and others). The dispute relates to Khata Nos.464, 463 and 170 situate in village Gainda Umariya, Pargana and Tehsil Soraon, District Allahabad. It is directed against the order dated 23.05.2006 (Annexure-4 to the writ petition) passed in Revision No.1556/1307 (Raj Narain Vs. Krishna Dev and others) by the Deputy Director of Consolidation.

(2.) The land in dispute was entered in the basic year in the name of Amar Bahadur son of Ayodhya Prasad Singh. The petitioner, Krishna Dev claimed to be the adopted son of Lal Bahadur who is brother of Amar Bahadur. The petitioner, Krishna Dev filed objection under Section 9-A of the Act inter alia claiming that he is adopted son of Lal Bahadur and is his heir and legal representative. The name of Amar Bahadur has been wrongly entered in the revenue record Form-5 hence it be expunged and the name of the petitioner, Krishna Dev be recorded. The petitioner claimed to be in possession of the land. He pleaded that the name of Amar Bahadur was wrongly entered in P.A Form No.11. It was also stated that prior to start of the consolidation proceedings the petitioner had initiated proceedings under Section 34 of the Land Revenue Act for mutation of his name but those proceedings had abated due to start of consolidation proceedings.

(3.) The Consolidation Officer has recorded that prior to Amar Bahadur accepting the claim of the petitioner in toto he had framed three issues and the parties led their evidence. The registered adoption deed, dated 18.06.1971 and school certificate were filed by the petitioner to show that deceased Lal Bahadur had taken the petitioner in adoption and the petitioner was shown as son of Lal Bahadur in the school certificate. The petitioner also led oral evidence by producing Bhola son of Jaipal, Krishna Dutt son of Ram Kumar and the Sarpanch to prove the adoption deed since they were the witnesses of the adoption deed.