VINDESHWARI Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri J.K. Sinha, for the petitioner. Although the case is taken up in revised call of the list but counsel for the respondents is not present.

(2.) This writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 11.10.1984 and Assistant Director of Consolidation dated 28.12.1988, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute between the parties relates to plot 358/1 (area 0.700 hectare) of village Sarikalan, pargana and district Baharaich, which was recorded in basic consolidation year khata 110/104, along with other plots, in the name of Vindeshwari (the petitioner). Jita (respondent-3) filed an objection under Section 9 of the Act for recording his name over the land in dispute. It has been stated by Jita that he was agricultural labourer and belonged to Schedule Caste. He had been in possession over the land in dispute since before 30.06.1975 and acquired right of sirdar (bhumidhar with non-transferable right) under Section 122-B (4-F) of U.P. Act No. 1 of 1951. The objection was contested by the petitioner, who had stated that he also belonged to Schedule Caste and land in dispute along with other plots were allotted to him by Land Management Committee since before 1970. On the basis of patta, his name was recorded over the land in dispute and he was continuously in possession over it. Jita was never in possession of the land in dispute.