SHANTI DEVI Vs. RAM CHANDRA SINGH

JUDGEMENT

(1.) HEARD Sri D.V. Jaiswal, for the petitioner and Sri Ashok Kumar Singh, for the contesting respondents.

(2.) THIS writ petition has been filed against the orders of Settlement Officer Consolidation dated 13.08.2004 and Deputy Director of Consolidation dated 16.11.2004 passed in the proceeding under Section 42 -A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) SMT . Shanti Devi (the petitioner) filed an application (registered as Case No. 62) under Section 20 of the Act, for correction of plots 136/3 (area 0.0640 hectare) and 136/4 (area 0.0273 hectare), as plot 136/2 (area 0.0913 hectare) in her CH Form -11 of khata 31 and CH Form -23 of chak 48 of village Chak Fatma, pargana Jhunsi, district Allahabad. The petitioner pleaded that Smt. Jamuni widow Algoo was bhumidhar with transferable right of plots 136/2 (area 1 -0 -0 bigha) and 136/4 (area 1 -10 -0 bigha). The petitioner has purchased an area of 0 -8 -0 bigha of plot 136/2 through registered sale deed dated 26.07.1992 and her name was mutated in consolidation record on its basis. She constructed her house over a portion of it and on remaining portion she planted trees. During consolidation, the land purchased by her i.e. plot 136/2 (area 0 -8 -0 bigha) was chak out. But in CH Form -11 and CH Form -23, number of the land purchased by the petitioner was recorded as plots 136/3 (area 0.0640 hectare) and 136/4 (area 0.0273 hectare). Plot 136/3 (area 1 -0 -0 bigha) was old abadi and was recorded as such since before date of vesting. The consolidation authorities have no jurisdiction to make any change in old abadi. Recording plot 136/3 (area 0.0640 hectare) in the name of the petitioner was illegal and without jurisdiction. Smt. Jamuni had constructed her house on plot 136/4, which was found during partal and left as chak out. As the petitioner has not purchased plot 136/4 as such recording plot 136/4 (area 0.0273 hectare) in her name in CH Forms -11 and 23 was illegal. Accordingly correction be made in her CH Form -11 and CH Form 23.