GAYA PRASAD Vs. D.D.C.

JUDGEMENT

(1.) Present writ petition is pending since 1977 and is now being finally decided after about 48 years.

(2.) Facts of present case arise out of a proceedings U/s 9A(2) of U.P. Consolidation of Holdings Act, 1953 in regard to plot Nos. 43, 44 and 45 of Khata No. 144, Village Umania, Pargana Rath, District Hamirpur. According to records available, in the basic year, original respondents- 4 and 7 were recorded as sirdar whereas Chinta (father of original petitioner-3) and original petitioners- 1 and 2 were recorded as asami in Class-VII over the disputed plots.

(3.) Original petitioners- 1 and 2 and father of original petitioner-3 filed an objection before Assistant Consolidation Officer that they were in cultivated possession on disputed plots since acquisition of same from Ram Narayan (husband of original respondent-4, Smt. Raja Dulaiya) whereas name of original respondent-4 and respondents- 5 to 7 were wrongly recorded and it was prayed that their names be expunged. Original respondent- 4 has also filed objections that she was sole tenant on disputed plots and other recorded as co-tenures has no concern with disputed plots and their names be expunged. Respondent-8 has also filed objection that his name be recorded as sirdar on a ground that he was allegedly in possession over the disputed plots for last 15-16 years though subsequently, said respondent has withdrawn his objections vide statement dtd. 5/7/1974.