SURYABALI Vs. D.D.C., AZAMGARH AND ORS.

JUDGEMENT

(1.) Heard Sri S.C. Verma, for the petitioner and Sri S.N. Tripathi alongwith Sri Nand Lal Yadav, for the contesting respondents. This writ petition has been filed against the orders of Deputy Director of Consolidation dated 7.5.1977, allowing the revision of Shyam Lal and setting aside the orders of Consolidation Officer dated 17.12.1974 and Settlement Officer Consolidation dated 6.9.1975, and 30.5.2015 dismissing recall application of the petitioner, in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) Dispute between the parties is in respect of plot 28 (area 500 links) of village Samaisa, pargana Mahul, District Azamgarh. In basic consolidation year the land in dispute was recorded in the name Shyam Lal (now represented by respondents -5 to 7). The petitioner and his brothers Lodhi and Chandrabali jointly filed an objection (registered as Case No. 2810) under Sec. 9 -A of the Act, for recording their names as sirdar of the land in dispute. It has been stated by Lodhi and others that they had obtained the land in dispute on patta dated 10.7.1948 from Zamindar. Since then they were in possession of the land in dispute. After date of vesting they acquired sirdari right. The name of Shyam Lal was wrongly recorded over it.

(3.) Shyam Lal contested the objection and stated that Lodhi and others obtained patta dated 10.7.1948 in respect of an area of 437 link of plot 28 and their names were recorded over it. So far as remaining area of 500 link this plot is concerned, he had obtained patta of this land and on the basis of patta his name was recorded over it. He had been in possession of the land in dispute. The Consolidation Officer, by order dated 17.12.1974, held that Shyam Lal could not produce any document to prove his title over the land in dispute. On these findings, he allowed the objection of Lodhi and others and directed for deleting the name of Shyam Lal from the land in dispute and recording the names of Lodhi and others over it. Shyam Lal filed an appeal (registered as Appeal No. 1399) from the aforesaid order. The appeal was heard by Assistant Settlement Officer Consolidation, who by his order dated 6.9.1975 affirmed the findings and dismissed the appeal.