LALJI AND ORS. Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri A.P. Singh, learned Counsel for the petitioner, learned Standing Counsel appearing for the State-respondents, Sri Diwakar Singh learned Counsel for the Gaon Sabha and Sri P.R. Maurya, learned Counsel as an intervener. By means of this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 25.3.1977 passed by the Deputy Director of Consolidation in Reference No. 1307 (State v. Lalji and others), by which the aforesaid reference has been allowed and the leases granted in favour of the petitioners on 17.10.1976 have been cancelled.

(2.) The facts giving rise to this case are that the respondent-Gaon Sabha has made a proposal for grant of agricultural lease in favour of the petitioner No. 1 over gata Nos. 319, 320, 322, 334/1, 334/2, 335M, 337/3337/2, 324, 333M, 323/1, 323/2 and 325. The same kind of proposal was made for grant of lease in favour of petitioner No. 2 also on gata Nos. 74, 75M, 76/1, 76/2, 77, 78, 326/1, 326/2, 337, 338, 330/2, 331 and 332/7. The proposal of the gaon sabha was approved by the Sub Divisional Officer and consequently, the leases were also executed in favour of the petitioners The petitioners names were also mutated in the revenue records on 8.1.1976 on the basis of the aforesaid.

(3.) It further transpires that the village has gone under consolidation operation and pending consolidation, a complaint was made before the Sub-Divisional Officer for cancellation of the petitioners' leases on the ground that the persons, in whose favour leases have been granted, do not belong to that very village. The Sub-Divisional Officer had made an inquiry and reported the matter before the Consolidation Officer. The Consolidation Officer, in turn, made a reference while exercising power vested in him under sub-section (3) of section 48 of the U.P. Consolidation of Holdings Act, 1953 (in short, 'the Act') vide order dated 10.6.1976. In turn, the Deputy Director of Consolidation had decided the reference after hearing all concerned and allowed the same, cancelling the leases granted in favour of the petitioners.