JANTA VIDYALAYA INTER COLLEGE, ALINAGAR KENJRA AND ANOTHER Vs. BOARD OF REVENUE, U.P., AT ALLAHABAD AND OTHERS

JUDGEMENT

(1.) Whether a suit under Sec. 209 of the U.P. Zamindari Abolition & Land Reforms Act, (for short the Act), filed by respondent No.4, Gaon Sabha Jarauli Kalan, Tehsil Ferozabad, district Agra, against the petitioners for their ejectment, was barred by Sec. 49 of the U.P. Consolidation of Holdings Act, (for short the Consolidation Act); and whether the suit under Sec. 209 of the Act itself was maintainable, are the short questions for determination in the present petition filed by the petitioners under Art. 226 of the Constitution of India seeking a relief for issuance of a writ of Certiorari quashing the judgments and orders dated 21-3-78. rendered by the Assistant Collector 1st Class, Agra (Annexure-3 to the petition) the order dated 5-5-81, rendered by the Additional Commissioner, Agra Division (Annexure-4 to the petition); and the order dated 12-1-82, passed by the Board of Revenue, U P., Allahabad (Annexure-5 to the petition) The petitioners have further prayed for issuance of a writ of Mandamus directing the respondents not to interfere with the possession of the petitioners

(2.) Factual matrix of the case is that the village where plot No.939, area 4 bigha 8 biswa was situate, was brought in consolidation operation and in proceedings under Sec. 9-A of the Consolidation Act; objections were filed by the petitioners against the statement mentioned under Sections 8 and 8A of the Act and the revised relevant extracts and also it was filed by the other tenure holders of the village that the corresponding plot No. 1682 should be reserved for school park. That case No. 150 under Sec. 9 of the Consolidation Act was contested on behalf of the State and the Gaon Sabha, and ultimately that title dispute was decided by the Consolidation officer, Tanda, by his order dated 22-8-64 with the finding that the plot was quite fit for the purpose of school. The objections of the Principal and other persons of the village were allowed and corresponding plot no. 1682 in C.H. Form 21 was to be included for Janta Vidyalaya Higher Secondary School, Alinagar, Kinjra. A true copy of the order dated 22-8-64 has been filed as Annexure-1 to the petition. This order became final and was not challenged by either the Gaon Sabha or the State of U.P. . Much thereafter a suit under Sec. 209 of the Act was filed by the Gaon Sabha against the petitioners in respect of corresponding new plot no. 939 area 4 bigha 1 biswa with the allegations that the petitioners were in unlawful occupation of the plot.

(3.) The suit was contested by the petitioners alleging that the petitioners' possession was not otherwise than in accordance with law, rather the Consolidation Officer has decided the title in favour of the petitioners and corresponding plot no. 1682 was ordered to be included in the property of Janata Vidyalaya Inter College, Alinagar, Kinjra. Hence that order became final as it was not challenged, which in fact, should have been challenged by respondent no.4 by filing an appeal or revision during the progress of consolidation operations. Consequently their suit under Sec. 209 claim was barred by Sec. 49 of the Consolidation Act and that the property was not of the Gaon Sabha.