GHANSHYAM Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) HEARD Sri Harsh Vikram for the petitioner. The writ petition has been filed against the order of Consolidation Officer dated 4.1.2013 by which the objection of the petitioner has been rejected and the land in dispute was directed to be recorded as talab land and the order of Deputy Director of Consolidation dated 13.8.2014 by which the revision filed by Gaon Sabha was allowed and the order of Settlement Officer Consolidation dated 30.5.2013 allowing the appear and remanding the case for fresh decision, has been set aside.

(2.) THE dispute related to plot No. 369, area 1.80 acre of village Kakather, Tehsil Hasanpur, district Amroha. The petitioner is claiming that the land in dispute was allotted to him by the Land Management Committee through patta dated 15.2.1989 conferring sirdari right upon him. Since the date of allotment he has been in possession over the land in dispute. The Consolidation Officer after hearing the parties found that the land in dispute was talab land and Sub Divisional Officer had changed the category of the land and allotted it to the petitioner and held that in view of the judgment of the Supreme Court in the case of Hindi Lal Tiwari v. Kamala Devi and others : 2001 (92) RD 689 (SC), the Sub Divisional Officer had no jurisdiction to change the category of the talab land. Accordingly, the patta granted to the petitioner was void. On this finding the objection of the petitioner was dismissed. The petitioner filed an appeal from the aforesaid order. The appeal was heard by the Settlement Officer, Consolidation, who by order dated 30.5.2013 allowed the appeal of the petitioner and remanded the matter to the Consolidation Officer for fresh decision holding that the Consolidation Officer has not framed proper issues. The order of the Settlement Officer, Consolidation was challenged by Gaon Sabha before the Deputy Director of Consolidation in revision. The revision was allowed by the Deputy Director of the Consolidation by order dated 13.8.2014. Hence this writ petition has been filed.

(3.) I have considered the arguments of the Counsel for the petitioner.