DEOKALI SINGH Vs. D.D.C.GONDA

JUDGEMENT

(1.) Heard Sri U.S. Sahai, learned counsel for the petitioner, Sri Ram Kumar Singh, learned counsel for the opposite party No. 2, Sri Hemant Pandey, learned Standing Counsel for the State, Sri Pankaj Gupta, learned counsel for the Gaon Sabha.

(2.) By means of instant petition, the petitioner has assailed the impugned order dtd. 9/4/1999 passed by the District Director of Consolidation, Gonda.

(3.) The contention of learned counsel for the petitioner is that the name of original tenure holder namely, Mathura Prasad was recorded as Sirdar in 1362 Fasli Khatauni and it was continued uptill the date of vesting and the land, which is in dispute, is Plot Nos. 8/0.24, 14/0.33, 23/0.61, 56/0.41, 79/0.46, 80/0.57, 150/0.20, 164/0.34, 165/0.32, 179/0.33 and 180/0.37, acres of Village-Rampur, Pargana-Gwarich, Tehsil- Tarabganj, (now Tehsil-Colonelganj), Gonda. Original tenure holder, Mathura Prasad died leaving behind his sole daughter namely, Smt. Rajpati and Smt. Rajpati was his sole legal heir and the land in dispute of Mathura Prasad, was unlawfully declared as 'Matrook' along with the other Sirdars/Bhoomidhars, namely, Paras Nath, Smt. Parvati, Ayodhya Prasad, Ram Achal, Lalta Prasad, Tunmun, Munna, Sundar Lal, Babu Lal, Ram Khelawan, Chhote Lal, Dan Bahadur Singh and once the consolidation proceedings commenced in the year 1969-1970, of this village, objection was filed by Smt. Rajpati, under Sec. 9(A) (2) of Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act, 1953'). On such objection, the Consolidation Officer vide order dtd. 26/12/1979, passed in Case No. 8048, expunged the entry of 'Matrook' and the name of Smt. Rajpati was restored in the records of the land as well as the entry of 'Matrook' with regard to the abovesaid persons, have also been expunged and their names were also recorded in the revenue records, but, the entry in case of Smt. Rajpati was challenged only by the State and Gaon Sabha as the then officials were inimical with the petitioner.