CHANDRASEN YADAV Vs. D D C

JUDGEMENT

(1.) Supplementary affidavit filed today, is taken on record. Heard Sri Govind Narain Srivastava for the petitioners and Sri K.C. Kishan Srivastava for the respondents.

(2.) The writ petition has been filed against the orders of Deputy Director of Consolidation dated 5.7.2013 and 24.12.2013 by which the correction has been made in the consolidation records regarding the abadi of plot Nos. 685, 687 ka, 687 kha, 687/1487 and 687 gha and these plots were directed to be recorded as abadi land.

(3.) The recall application filed by the petitioners has been rejected by the order dated 24.12.2013. Amarnath Yadav, respondent-6 filed an application before the Collector, Jaunpur that by making forgery, plot No. 687 kha, area 1 acre, was recorded in the name of the petitioners, as such, the forged entry be corrected. The Collector directed the Chief Revenue Officer to conduct an inquiry who after taking the inquiry submitted a report dated 19.1.2013. In this report, it has been mentioned that plot No. 378 was recorded as abadi in old records. During consolidation from plot No. 378, new plot Nos. 685, 687 ka, 687 kha, 687/1487 and 687 gha were carved out as the abadi land. However by making forgery, plot No. 687/2 was recorded in the name of the petitioners. A perusal of khatauni 1359 F shows that entire area of plot No. 378/1 was recorded as 2.32 acre out of which 2.12 acre was abadi and 0.11 acre was rasta and 0.09 acre was grove of Zamindar and plot No. 378/2, area 4.45 acre was recorded as abadi. Thus the entire area of 6.56 acre was abadi and 0.12 acre was rasta land and same entry continued in 1371-F to 1373-F, as such, there was no area of plot No. 387 was in cultivation of any other tenure holder. By making forgery in consolidation records plot No. 378/3, area 1 acre, has been added in the khata of Bahadur Ram in 1383-1388-F and on its basis the further forgery has been made in consolidation records. It was clearly found that there was cutting in CH Form 2A, CH Form 11 and CH Form 23 and by making overwriting the land in dispute was came to be recorded in the name of Bahadur Ram. Thereafter the matter was referred to Deputy Director of Consolidation. The Deputy Director of Consolidation also called for a report from the Consolidation Officer who also in his report confirmed the aforesaid fact. The Deputy Director of Consolidation, accordingly, by order dated 5.7.2013 directed for recording plot No. 685, 687 ka, 687 kha, 687/1487 and 687 gha as abadi land. The petitioners filed an application for recall of the aforesaid order. The recall application was heard by Deputy Director of Consolidation who by order dated 24.12.2013 found that as the land in dispute was abadi land prior to consolidation, as such, it was rightly directed to be recorded as abadi and there is no justification to recall the order. On this finding the recall application was rejected by order dated 24.12.2013. Hence this writ petition has been filed.