JAGBHAN SINGH Vs. ASSISTANT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Mr. S.K. Vidyarthi, learned counsel for the petitioners, Mr. Ashutosh Kumar Rai, learned Addl. C.S.C. for the state-respondents and Mr. Achal Singh, learned counsel for the respondent- gaon sabha.

(2.) Brief facts of the case are that the dispute relates to khata no.602, plot no.211/13, situated in village Majhgawan, Pargana and Tehsil Rath, District Hamirpur. In the basic year of the consolidation operation, the aforementioned plot was recorded in the name of the petitioners under Shreni-IV. Against the basic year entry of the plot in question, 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 the petitioners with the prayer that petitioners should be recorded as Sirdar in place of Shreni-IV. The aforementioned objection filed by the petitioners, was registered as Case No.5767 before the Consolidation Officer. The Gaon Sabha filed his reply, denying the case of the petitioners. The petitioners adduced oral and documentary evidence in support of their case. One issue was framed before the Consolidation Officer as to whether the petitioners/objectors is entitled to be recorded as Sirdar on the basis of their adverse possession. The Consolidation Officer vide order dtd. 29/6/1977 rejected the claim of the petitioners/objectors and directed that plot in question should be recorded as Jaman-V/Naveen Parti Gram Samaj. Against the order of the Consolidation Officer dtd. 26/9/1977, appeal under Sec. 11(1) of the U.P. C.H. Act was filed by the petitioners which was heard and dismissed vide order dtd. 30/7/1977. Against the appellate order dtd. 30/7/1977, revision under Sec. 48 of the U.P. C.H. Act was filed before the Deputy Director of Consolidation which was registered as Revision No.4616. The aforementioned revision was heard and dismissed vide order dtd. 13/10/1980. Hence, this writ petition for the following relief:-

(3.) This Court entertained the matter on 28/7/1981 and granted interim protection to the effect that operation of the impugned order dtd. 13/10/1980 shall remain stayed and the possession of the petitioners shall not be disturbed.