GODAWARI DEVI Vs. D. D. C. DEORIA

JUDGEMENT

(1.) This writ petition arises out of title objections under Sec. 9-A (2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (for short, 'the Consolidation Act'), decided by the statutory Authorities against the petitioner.

(2.) The dispute in this petition is about the title to Plot No.337/2 (new Plot No.484) of Khata No.706, admeasuring 1.66 acres, situate in Village Jungle Belwa, Tappa Chaura Badgaon, Tehsil Padrauna, District Kushinagar (earlier District Deoria). The aforesaid property shall hereinafter be referred to as 'the property in dispute'. The petitioner, Godawari Devi, claims herself to be the sirdar of the property in dispute on ground that she has been in continuous possession since before the abolition of zamindari, holding the said property on the basis of a patta dtd. 28/12/1950, executed in her favour by the erstwhile zamindar.

(3.) It is also the petitioner's case that taking her possession to be unlawful, proceedings for eviction were initiated against her under Sec. 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, 'the Z.A. and L.R. Act') on a report of the Lekhpal before the Tehsildar, Padrauna. These proceedings were registered as Case No.179. The defence to the petitioner's possession, based on the patta dtd. 28/12/1950 executed by the erstwhile zamindar, was accepted by the Tehsildar and the notice discharged. In a related development, the Gaon Sabha, treating the property in dispute as theirs', executed a patta thereof in favour of Ganesh son of Rampati, since impleaded as respondent No.6 to the writ petition under orders of this Court. On the basis of the said patta, respondent No.6 claims himself to be the title-holder in possession of the property in dispute. He claims to have been recorded initially as a bhumidhar with non-transferable rights, and, subsequently, as a bhumidhar with transferable rights in the khatauni for the fasli year 1418-1423.