RAMA SHANKAR Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri G.C. Yadav for the petitioner and Sri Nikhil Kumar for respondents.

(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation, Azamgarh (respondent-1) dated 02.01.1978, passed in Revision No. 125, Abhilakh Vs. Banshi, order of Assistant Settlement Officer Consolidation, (respondent-2) dated 27.09.1974, passed in Appeal No. 855, Abhilakh Vs. Banshi and Appeal No. 1007, Banshi Vs. Abhilakh, and order of Consolidation Officer (respondent-3) dated 19.01.1974 passed in Case Nos. 143 and 149, Banshi Vs. Abhilakh, in the title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to plot No.339 (area 567 links) of village Hathnaurakalan, pargana Mahul, district Azamgarh. In basic consolidation year, the land in dispute of recorded in khata 37, in the name of Abhilakh (father of the petitioner). Banshi (father of respondents-4 to 7)) filed an objection (registered as Case No. 149) under Section 9 A of the Act, claiming bhumidhari right over the land in dispute and for recording his name and deleting the name of Abhilakh from it. Some disputes for recording an area of 219 link of this plot as abadi as well as correction of the area of it's various sub-plots were also referred by Assistant Consolidation Officer. Abhilakh contested the objection of Banshi. Before the Consolidation Officer, Banshi examined himself and Noor Mohammad as his witness. Abhilakh examined himself and Mahadeo as his witness. Both the parties filed documentary evidence also.