FEKU Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Brief facts of present case, as culled out from writ petition, are that, Chairman, Land Management Committee issued an Asami Patta of certain land in Village Rakhukhore, Post Kampierganj, Tappa Panchwara, Pargana Haweli, District Gorakhpur in favour of father of petitioner on 30/6/1971 on yearly rent. Accordingly his name was recorded in relevant Khatauni also. There is no averment in writ petition, whether above referred Patta was extended year by year or it was cancelled and whether after death of petitioner's father (date of death is not mentioned), he continued in possession being Pattedar.

(2.) After a period of more than about 37 years the present petitioner filed an application under Sec. 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act, 1953') with prayer that he may be declared as Bhumidhar with transferable right of land in question in terms of provisions of Sec. 122-B (4-F) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'Act, 1950').

(3.) Consolidation Officer, Kampierganj, District Gorakhpur vide order dtd. 11/4/2016 in Case No. 415 (Feku vs. State of U.P.) rejected claim of petitioner and dismissed above referred application. Relevant part of said order is mentioned hereafter: