D.B.UPADHYAYA Vs. D.D.C.

JUDGEMENT

(1.) Present writ petition, pending before this Court for last four decades, is arising out of objections filed in consolidation proceedings u/s 9A(2) of U.P. Consolidation of Holdings Act, 1953 (for short "U.P.C.H. Act").

(2.) Contesting respondents have filed objections in regard to plot nos. 1100, 4643, 1072, 3275, 883 in village Haraiya, District Azamgarh. Undisputedly, said plots were recorded in basic year in the name of Radhey Kishun Upadhyay and Shridhar Upadhyay (predecessors of present petitioner).

(3.) Basis of objections filed by contesting respondent-4 were that he was recorded over land in suit for substantial long time and therefore by virtue of law, he become adhivasi and sirdar being recorded in 1956-F and 1959-F, whereas petitioner has opposed said objections on substantial grounds that he is successor of Radhey Kishun Upadhyay and Shridhar Upadhyay, the original tenure holder and name of contesting respondents was recorded only as a 'sikmi tenant' with a note Batai Nisfi as well as that said entries were later on discontinued also and accordingly, entries were disputed being not genuine.