BASDEV Vs. STATE OF U. P.

JUDGEMENT

(1.) The fact which is not in dispute is that nature of land in dispute, in the present case, was not on record during first consolidation proceedings. However, during second consolidation proceedings, the land in dispute was earmarked for charagah/pasture land (hereinafter referred to as 'pasture land'). The second consolidation proceedings got over and a notification under Sec. 52(1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953") was issued on 4/12/1993. Later on, land in dispute was valued and allotted to petitioners on valuation and present status of land allotted to petitioners are on record i.e. some parts of land are still vacant and on some parts of land constructions of different nature are raised. Details of allotment of land in dispute to petitioners such as respective allotment orders specifying respective allotted areas, dates of such allotmentare not on record.

(2.) Further, it is also not disputed that after 24 years of a notification being issued under Sec. 52 of the Act, 1953, the private contesting respondent (Raj Narayan) has submitted an application dtd. 17/7/2017, before the District Magistrate, Azamgarh, making a specific allegation that about 4.42 aire of land i.e. land in dispute was recorded under the category of 'pasture land' in revenue records, however, it was allotted illegally to the petitioners and at present only 3.48 aire land is available being 'pasture land' and it was also alleged that petitioners are powerful persons and officials are in hand in glove with them. The allotment was devoid of any due process and thus being illegal are obtained by fraud and, therefore, order be set aside and appropriate action be taken.

(3.) It appears that the said complaint was referred to Deputy Director of Consolidation, Azamgarh, who sought a report from the Consolidation Officer by order dtd. 5/9/2017 and it was further directed that all concerned parties shall be put on notice. Later on, on basis of a report received, the Settlement Officer of Consolidation, Azamgarh, by a communication dtd. 7/1/2023, addressed to District Magistrate, has prepared a chart mentioning all details such as, new Gata numbers and old Gata Numbers and respective area thereof as well as names of tenure holders mentioned in Form 45 and present status of land in dispute with relevant naksha-nazri (spot map). The details thereof have not been seriously disputed by any petitioner. A spot map was also prepared which apparently indicates that all petitioners were allotted abutting land i.e. adjacent to main road, which also indicates that land has potential value.