RAM BAHADUR Vs. COMMISSIONER FAIZABAD DIVISION FAIZABAD

JUDGEMENT

(1.) Heard Sri R.K. Srivastava, for the petitioner and Sri P.V. Chaudhary, for respondents -3 to 6, Standing Counsel, for State of U.P..

(2.) The writ petition has been filed against the orders of Deputy Collector, dated 04.12.2013 and Commissioner dated 23.09.2015, passed in suit under Section 229 -B of U.P. Act No. 1 of 1951 (hereinafter referred to as the Act).

(3.) Rajdei and others (respondents -3 to 6) filed a suit (registered as Suit No. 160 of 2004) under Section 229 -B of the Act, for declaring them as bhumidhar with transferable right of plots 141 (area 0.439 hectare) and 227 (area 0.346 hectare) of village Pipari Saidpur, tahsil Tanda, district Faizabad. In the plaint, it has been stated that Smt. Karma widow of Ram Abhilash was bhumidhar of the land in dispute. Rajdei (plaintiff -1) purchased plot 141 (area 0.439 hectare) from Smt. Karma through sale deed dated 17.06.1986. Ram Parikshit and others (plaintiffs -2 to 4) purchased plot 227 (area 0.346 hectare) from Smt. Karma through sale deed dated 09.09.1986 and their names were mutated in annual register on the basis of the sale deeds. However, by committing forgery an amaldaramad has been made of the alleged order of Consolidation Officer dated 14.08.1971, directing to record the name of Ram Bahadur (the petitioner). The plaintiffs filed an application for deleting forged entry, in which Sub -Divisional Officer, by his order dated 04.08.2000 dismissed the application, holding that remedy of the plaintiffs was to file a suit under Section 229 -B of the Act.