MALKHAN SINGH Vs. ASSTT. DIRECTOR, CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) By means of this application the applicant has prayed for reviewing the order dated 22nd Feb., 1983 whereby the writ petition was dismissed. The only ground urged by the learned counsel for the applicant before me is that the revisional authority has discarded the judgment dated 30th Aug., 1972 on wrong basis that the tenure holders were not served in earlier litigation hence the judgment of the revisional authority suffers from patent error of law and this Court has dismissed the writ petition hence an error is apparent in the judgment of this Court also.

(2.) I have heard the learned counsel for the applicant at great length. In the judgment dated 30th Aug., 1972 Gaon Sabha has been found as land holder of the disputed land and the possession of the applicant's father started from 1364 Fasli on plot no. 1324 and 2022 whereas on plot no. 2180 from the year 1366 Fasli. Even if this judgment is treated as final between the parties the petitioner does not get any right in the disputed land in view of the amended provisions of Sec. 209 of U.P. Z.A. and L.R. Act. When the disputed land belonged to Gaon Sabha at some point of time even if the possession of the applicant starts from 1364 Fasli or 1366 Fasli he does not prescribe title to the disputed land. In this view of the matter I do not find that there is any error apparent on the face of the record in dismissing the writ petition in limine.

(3.) The application for review is devoid of merit and is accordingly rejected.