AJEET SINGH Vs. D.D.C.

JUDGEMENT

(1.) Heard Mr. R.C. Singh, learned Senior Counsel, assisted by Mr. Kamal Kumar Singh, learned Counsel for the petitioners; Mr. Vinod Kumar Upadhyay holding the brief of Mr. Sanjay Srivastava, learned counsel for respondent No. 4; and Mr. Ajai Kumar Baranwal, learned Standing Counsel for the State- respondents.

(2.) Brief facts of the case are that dispute relates to plots of khata No. 54 situated in Village-Ahamadnagar alias Mohammadi, Tehsil-Suar, District-Rampur as mentioned in the order of the consolidation authorities. The names of Harmel Singh, Jageer Singh, sons of Santok Singh (respondent Nos. 7 and 8); Ajeet Singh, Kartar Singh, sons of Ajaib Singh (petitioner Nos. 2 and 3); Ajeet Singh, son of Sadho Singh (petitioner No. 1), Bheem Singh, son of Ramnath Singh (respondent No. 9) Bhagwandas, son of Jawaharlal (respondent No. 5) were recorded over the aforementioned plots in the basic year of the consolidation operation. Against the basic year entry of the aforementioned plots, an objection under Sec. 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'U.P.C.H. Act') was filed by Amar Singh and Jiwan Singh, sons of Saran Singh, on the basis of registered sale deed dtd. 26/6/1968 alleged to be executed in their favour in respect to 12 plots area 14-5-0 out of 19 plots area 26-19-0. Respondent No. 4/Surjeet Singh, son of Gunda Singh, also filed objection under Sec. 9-A(2) of the U.P.C.H. Act on the basis of a registered sale deed dtd. 6/3/1965, alleged to be executed in his favour in respect to 12/44 share of the total 19 plots area 26-19-0. The Consolidation Officer vide order dtd. 2/12/1981, dismissed the objection filed by respondent No. 4/Surjeet Singh and allowed the claim of Amar Singh and Jiwan Singh for recording of their names on the basis of the sale deed dtd. 26/6/1968. Against the order of the Con-solidation Officer dtd. 2/12/1981, three appeals were filed under Sec. 11(1) of the U.P.C.H. Act before the Settlement Officer of Consolidation. Appeal No. 128 was filed by Surjeet Singh son of Indra Singh and Appeals No. 126 and 127 were filed by the respondent No. 4. The Settlement Officer, Consolidation vide order dtd. 19/2/1982, allowed Appeals No. 126 and 127 filed by respondent No. 4 and dismissed the appeal No.128 filed by Surjeet Son of Indra Singh modifying the order of the Consolidation Officer to the extent that name of respondent No. 4/Surjeet Singh son of Gunda Singh shall be recorded as co-tenure holder to the extent of 12/44 share in Khata No. 54 and remaining 32/44 share shall be recorded according to the order of the Consolidation Officer. Against the appellate order dtd. 19/2/1982, four revisions under Sec. 48 of the U.P.C.H. Act were filed before the Deputy Director of Consolidation, which were numbered as Revision Nos. 286, 287, 261, and 262 filed by Ajeet Singh/ Amar Singh. The aforementioned revisions were clubbed and heard together by the Assistant Director of Consolidation. All the abovementioned revisions were dismissed vide order dtd. 19/2/1984. Hence, this writ petition on behalf of the petitioners for following relief:-

(3.) This Court entertained the matter on 28/3/1984 and stayed the dispossession of the petitioners.