RAMHET Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Mohiuddin Khan, learned counsel for the petitioner, Dr. Krishna Singh, learned Standing counsel for the State - respondents and Sri Dilip Kumar Pandey for the Gaon Sabha.

(2.) The dispute in the present case pertains to gata No. 660 area 1.13 hectare and gata No. 659 area 1.64 hectare totalling to 2.77 hectare situated in Village - Musepur Mutwalli, Pargana Khairabad, Tehsil and District Sitapur. It has been submitted that name of petitioner's father was recorded over the land in question in khatauni 1356 falsi and during the consolidation proceedings Assistant Consolidation Officer found the petitioner in possession of the land in question. The Consolidation Officer passed an ex-parte order on 30/9/1993 and when the petitioner came to know about the said order he filed an appeal before Settlement Officer of Consolidation and the matter as remanded back to the Consolidation Officer to decide the matter again after giving opportunity of hearing to the petitioner.

(3.) In the remand proceedings, the Consolidation Officer afforded full opportunity of hearing to the petitioner. The petitioner had stated that he is in possession of the disputed land for nearly 20 to 25 years and evidence in this regard was also given by the Pradhan in the said proceedings. No documentary evidence was filed by the petitioner nor any revenue record was filed by him in support of his contentions. It is only on the basis of the aforesaid material that the Consolidation Officer allowed the objections filed by the petitioner and held that the petitioner has right to the said property and the authorities itself moved evidence in support of his adverse possession and accordingly directed that name of the petitioner be recorded in the revenue records deleting the name of Gaon Sabha in whose favour the land was previously recorded.