LAWS(ALL)-2016-8-355

RUSTAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On August 26, 2016
RUSTAM Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) Heard Sri Kunal Ravi Singh, learned counsel for the petitioners and perused the record.

(2.) The writ petition is directed against the judgment and order dated 28.09.1974 passed by Deputy Director of Consolidation, Varanasi (hereinafter referred to as the "DDC") rejecting petitioners' revision.

(3.) The dispute relates to Plot No. 70, area 2 bigha, 14 biswa and 1 dhur, situate in Village Nuaon, Pargana Bhadohi, District Varanasi. Petitioners filed objection under Sec. 9 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act, 1953") stating that one Khedu was grove holder of plot in dispute. His heirs, Ram Avalamb and Smt. Sakala executed sale deed dated 05.10.1963 and rectification deed dated 29.09.1969 in petitioners favour. It is also stated that in basic year plot in dispute was shown as grove and in bhumidhari of Vibhuti Narain Singh while petitioners were recorded in Class 9, having possession without settlement of rent. Consolidation Officer rejected objections vide order dated 08.01.1972 recording a finding that State of U.P. is the owner. There against petitioners' appeal was dismissed by Assistant Settlement Officer (Consolidation) (hereinafter referred to as the "ASOC") vide order dated 30.11.1973 and DDC dismissed petitioners' revision vide order dated 28.09.1974.