BHILLAR Vs. DEPUTY DIRECTOR OF CONOSLIDATION JAUNPUR

JUDGEMENT

(1.) In this writ petition the disputed plot is numbered as 1986 measuring 1.13 acres. The aforesaid area was recorded as Bhita in the basic year. The Petitioners had filed an objection claiming grove holders' right in the disputed area.

(2.) The Consolidation Officer did not accept the claim of the Petitioners as is evident from Annexure '1' dated 11-4-1970. In appeal the appellate authority has accepted the claim of the Petitioners as is evident from Annexure '2' attached with the writ petition. Against the judgment of the appellate authority the Gaon Sabha and one Jagarnath had filed two separate revision petitions which have been dealt with by the revisional court through the impugned judgment dated 24-2-1972. The Petitioners have approached this Court under Article 226 of the Constitution.

(3.) The learned Counsel for the Petitioners has contended before me that the revisional court has patently erred in not recognising the claim of the Petitioners in the disputed land as bhumidhari on the ground that the disputed land was Bhita. According to the learned Counsel for the Petitioner if the Bhita is under cultivation or if the trees had been planted over the Bhita land and the Bhita land is grove, the right of the cultivator or owner of the trees standing on Bhita land cannot be negatived simply on the ground that the Bhita would not be treated as "land" within the meaning of tenancy laws.