RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri I.N. Singh, for the petitioners and Standing Counsel, for State of U.P.

(2.) THE writ petition has been filed for declaring Section 209 and 210 of U.P. Act No. 1 of 1951 as ultra vires of Article 14 and 16 of the Constitution of India, w.e.f the date of its enactment and declaring the judgments dated 19.02.1972, 15.11.1972, 14.03.1975, 30.09.1976, 21.01.1978, 21.10.1978 and 09.01.1987 of the consolidation authorities, based on aforesaid provisions as null and void and the petitioners are bhumidhar of old plots 179, 1254, 1280, 1281, 1282 and 1283 of village Asalatpur, pargana Loni district Ghaziabad.

(3.) IT is alleged that originally, the land in dispute was holdings of Sant Lal son of Kundan Lal, from whom, it was purchased by the ancestors of the petitioners. In the year 1963, dispute in relation to possession over the disputed land arose between the petitioners on one side and contesting respondents (hereinafter referred to as the respondents) on the other side. Initially Sub -Divisional Magistrate by order dated 15.10.1963 held that the petitioners were in possession of the land in dispute on the date of attachment. However, that order was set aside by High Court. Then the petitioners filed a suit for ejectment of the contesting respondents on 28.02.1967 under Section 209 of U.P. Act No. 1 of 1951, which was abated due to consolidation operation. Then the petitioners filed objections under Section 9 -A of U.P. Consolidation of Holdings Act, 1953, which were allowed by Consolidation Officer by order dated 15.11.1972. However, Settlement Officer Consolidation by judgment dated 30.09.1976 set aside the order of Consolidation Officer and remanded the matter to Consolidation Officer, who again allowed the objections of the petitioners by order dated 21.01.1978. Settlement Officer Consolidation by order dated 08.01.1980 allowed the appeals of the respondents. The revision filed by the petitioners was dismissed on 09.01.1987. Writ Petition filed by the petitioners was dismissed on 25.01.2010. Special Leave Petition filed by the petitioners was dismissed by Supreme Court on 30.11.2012 and Review Petition was dismissed on 28.02.2013.