LAWS(ALL)-2005-2-153

ABDUL SHAKOOR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On February 18, 2005
SHRI ABDUL SHAKOOR, SON OF SHRI FARZAND ALI KHAN Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) The dispute in the instant writ petition relates to two sets of agricultural plots. First set consists of plots 69,73,74/2,79/1,80/1,82 and 83 (area 3 bigha 3 biswa). The second set consists of plot Nos. 45, 47, 69 and 72 (area 3 bigha 12 biswa). After start of consolidation proceedings in the village where plots in dispute are situate petitioner filed two sets of objections, copies of which are Annexures 11 and 12 to the writ petition. Annexure-11 related to the first set of plots and Annexure-12 related to second set of plots. In the objections in respect of first set of plots it was stated that Chairman Gaon Sabha on 10.6.1962 allotted the said plots to Noor Vikram Shah and petitioner was in possession over the said plots since long. In the said objections it was also stated that petitioner was in possession since before Zamindari abolition by virtue of power of attorney executed by Noor Vikram Shah. In the objections in respect of second set of plots it was stated that the said plots were allotted to the petitioner by the Chairman of Gaon Sabha on 10.6.1961 (or 1962) to the petitioner and that he was also in possession of the said plots since before Zamindari abolition.

(2.) Before Consolidation officer copy of a document purported to be an Ijazatnama executed on behalf of the previous Zamindar in favour of the petitioner bearing date 15.7.1938 was also filed.

(3.) Consolidation Officer, Bijnore by order dated 18.12.1973 dismissed the objections which had been registered as case No. 1164 of 1973, Against the said order appeal was filed which was dismissed by A.S.O.C. on 19.10.1974. Thereafter petitioner filed revision under Section 48 of U.P.C.H. Act being revision No. 2416. Assistant Director of Consolidation, Lucknow Camp-Bijnore by order dated 8.10.1974 dismissed the revision hence this writ petition.