HASAN RAZA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri S. C. Verma learned Counsel appearing for the petitioner and Sri Tripathi B. G. Bhai for contesting respondent Nos. 2 to 4.

(2.) THE dispute relates to plot No. 993 situate in village Gajehra, Tahsil Bansi, District Basti. In the basic year the said plot was recorded in the name of the petitioners. An objection under Section 9-A (2) of the U. P. Consolidation of Holdings Act (for short the Act) was filed on the ground that they have perfected their rights as sirdar on the basis of long possession and the name of the petitioners is wrongly recorded and is liable to be expunged. THE claim was contested by the petitioners on the ground that they were in possession of the land in dispute since the time of their ancestor and their father be-came Adhivasi and thereafter sirdar. It was further pleaded that the father of the petitioners was declared Adhivasi under the provisions of the U. P. Z. A. and L. R. Act and the compensation was received by respondent Nos. 2 to 4 and since no objection was filed by them under Section 240 (G) of the U. P. Z. A. and L. R. Act, their claim of Sirdari is barred.

(3.) THE Deputy Direct of Consolidation wrongly placed reliance upon the decree dated 18-4-1955. THE said decree dismissing the suit filed by the father of the petitioners seeking declaration as Adhivasi was set aside by the Additional Commissioner in appeal. Once the said decree was set aside, the Deputy Director of Consolidation committed an error in relying upon the same and holding that compensation proceedings were irregular.