LAWS(ALL)-2006-4-221

PRANSUKH AND CHHOTE Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On April 04, 2006
PRANSUKH AND CHHOTE SON OF LALLU Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION, KALICHARAN AND DHARMBEER SONS OF DEEWAN Respondents

JUDGEMENT

(1.) Impugned order in the writ petition is the order dated 4.2.2006, passed by Additional District Magistrate (Administration)/Deputy Director of Consolidation, Bulandshahr holding revision maintainable.

(2.) Dispute relates to Khata Nos. 175, 176 and 177. Sondai and Champa Devi were recorded as Bhumidhars in the Basic year. Petitioner and others filed an objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act claiming rights on the basis of adverse possession. Another objection was filed by Sunehari and Sondai for rejecting claim of petitioners. Third objection was also filed by one Munni Devi claiming her Bhumidhari rights in the same land. During pendency of the proceeding before Consolidation Officer, Sunehhri and Sondai executed a sale deed on 21.1.1998 as regards Plot Nos. 220, 0.982 Hectare in Khata No. 175 and 0.22 Hectare in Khata No. 176 in favour of one Samai Singh. An application was filed by transferee for mutation of his name. During pendency of that Application, Samai Singh also executed a sale deed in favour of Respondent Nos. 2 and 3. They also filed an application for mutation of their names on the basis of transfer.

(3.) Consolidation Officer after consolidating all the cases rejected petitioners' objection and allowed objection of Sunehri and Sondai by an order dated 25.9.1999 and declared them as bhumidhars.