RAJVEER Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) By means of this petition, the petitioners have assailed the order dated 30.1.2006 passed by Sub Divisional Officer, Dadri, District Gautam Budh Nagar whereby entries recorded in the computerized Khatauni in the names of petitioners were expunged.

(2.) The cynosure of attention in the instant petition is the plot bearing No. 235 (Old No. 137) admeasuring 6 Bighas, 9 Biswas and 12 Biswansi which according to the facts on record was admittedly Gaon Sabha land and the same came to be recorded on 22.2.1980 in the name of Mukhtar Hussain son of Chaman, Syed Murtaza son of Ashfaq Husain and Masoom Raza son of Moazzam Raza ostensibly without any order by any competent authority or without basis of any valid title. It would appear from the record that the said entry was found fictitious and forged by reason of the fact that there was no order for such allotment in favour of the above-mentioned persons nor was there any indicium on record to show that they acquired any right otherwise over the land in question. It would further appear that after embarking on enquiry, the Sub Divisional officer, Dadri expunged the entries vide order dated 26.7.2001. It would further transpire from the record that on the basis of forged entries, the aforesaid persons entered into a compromise with petitioners' father namely, Tara Chand and consequently an order was passed on 16.1.1997 by Deputy Director Consolidation by which plot in question was assigned to the petitioners in lieu of plot No. 343 having an area of 1 Bigha, 16 Biswa. It would further crystallize from the record that in compliance, Consolidation officer by its order-dated 19.8.2000 levied implementation to the said order dated 16.1.1997. It was in the above perspective that the Sub Divisional officer Dadri by the impugned order, expunged the petitioners names from the computerized Khatauni.

(3.) I have heard learned Counsel for the petitioners as well as learned Counsel appearing for the Opposite parties.