RADHEYSHYAM Vs. BOARD OF REVENUE ALLD

JUDGEMENT

(1.) HEARD Sri Anil Kumar Mishra, for the petitioners and Sri Shailendra Singh along with Sri R.K. Pandey, for the contesting respondent.

(2.) THE writ petition has been filed against the orders of Assistant Collector, dated 08.02.2010, Commissioner, dated 07.10.2011 and Board of Revenue, U.P., dated 11.09.2014, passed in suit under Section 229 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act').

(3.) THE dispute relates to plots 41 (area 0 -16 -0 bigha), 288 -E (area 1 -8 -0 bigha), 294 -Ka (area 4 -2 -0 bigha) and 295 (area 0 -15 -0 bigha) of village Satauhan, tahsil Ghorawal, district Sonebhadra. Biggan (father of petitioners -1 to 3) filed a suit (registered as Suit No. 15 of 1986 -87) under Section 229 -B of the Act, on 10.11.1986, for declaring him and his brother Jiggan as bhumidhar with transferable right of the land in dispute. The plaint case was that the plaintiff and Jiggan were in continuous cultivatory possession of the land in dispute for last 20 years and acquired sirdari and thereafter bhumidhari right over it. Their names were also recorded in column 9 of the khatauni and in column 5 of the khasra. The suit was contested by Taulan (respondent -5). He filed his written statement and denied the plaint allegations. It was stated by the respondent that he was recorded tenure holder and had been in possession of the land in dispute. The petitioners were never in possession over it. In collusion with revenue authorities forged entries in column 9 of the khatauni and well as in column 5 of the khasra were made in favour of the petitioners.