SATYA NARAYAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION, SHRAWASTI

JUDGEMENT

(1.) Heard Sri Sheo Shankar Verma, learned counsel for the petitioners and Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent Nos. 1 to 3.

(2.) Brief facts of the case in hand are to the effect that in the case(s) i.e. Case Nos. 1273+1282 (Lakhan and others v. Jiledar) instituted under Sec. 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953"), the respondent No. 3/Consolidation Officer First, District- Bahraich (in short "CO") passed the order dtd. 25/5/1996, impugned herein, whereby, he decided both the cases and provided rights to respondent No. 4/Jagdish Prasad s/o Triloki Nath over the land of Khata No. 9, Gata Nos. 349/-430, 350/-080, 475/-645, 573/1-950, 1678/-075, 1679/-305,1680/-060, 1681/-045,1682/-065, 1683/-085,1684/0-035, 1685/-105, 1686/0-110,1687/-108,1688/-030, 1689/-065, 1694/-060, 1695/-050,1696/-055,1787/-090,165/2304/-780, 478/2335/2-653, total Gatas 22 area 7.873 belonging to one Ganga Dei situated at Village- Ghoghawa Kalan, Pargana- Tulsipur- Tehsil- Bhinga, District- Shrawasti.

(3.) It would be apt to indicate at this stage that one Jiledar, father/predecessor-in-interest of the petitioners namely Satya Narayan (petitioner No. 1) and Rakesh Kumar (petitioner No. 2), respectively, appeared before CO and raised their claim over the land of Ganga Dei, indicated above, based upon the order dtd. 19/6/1984 passed by the Naib Tehsildar concerned in mutation case, which was held to be an order without jurisdiction being passed after issuance of Notification under Sec. 4 of the Act of 1953.