RAM KINKAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sachida Nand Tripathi, Arun Kumar Pandey, learned counsel for petitioner, Sri Jitendra Kumar Srivastava, learned counsel for respondents No. 5, 6 and 7 and Sri A.K. Rai, learned Additional Chief Standing Counsel.

(2.) In present case, proceedings under Sec. 21 of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter called the 'Act of 1953') were initiated in pursuance of publication of Provisional Consolidation Scheme under Sec. 20 of Act of 1953, wherein the Consolidation Officer has considered objections filed by petitioner as well as respondents. Objections filed by Ram Nath (father of respondent Nos. 10 and 12) were allowed, whereas objections filed by Raj Bahadur, respondent No. 5 and the petitioner (Ram Kiran Singh) were allowed in part. Ram Prasad and Raj Bahadur, (respondents No. 4 and 5 herein) have filed Appeals before the Settlement Officer of Consolidation inter-alia on following grounds:

(3.) All three appeals were decided by a common order dtd. 18/4/2013 whereby appeal bearing No. 607/2012-13, (Ram Prasad v. Inder Pal and others) was rejected. However, other two Appeals bearing Nos. 609/2012-13, (Ram Prasad and others v. Ram Kinker and others) and 668/2012-2013, (Indra Pal v. Raj Bahadur and others), were allowed and it was directed that area measuring 0.191 Hectare of Gata No. 362 and certain area of Gata No. 366 shall be dropped from consolidation proceedings being 'Parti' and 'Abadi' land. Relevant findings thereof are mentioned hereinafter: