JAGARDEO Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) BY this petition Under Article 226 of the Constitution of India the orders passed by the Assistant Collector, Additional Commissioner and the Board of Revenue in suit filed by the Petitioner Under Section 229B/209 of the UP ZA and LR Act (for short the Act), are sought to be quashed by issuing a writ of Certiorari.

(2.) THE facts in brief are that a suit Under Section 229B/209 of the Act was filed by the Petitioner alleging that he was Sirdar and in possession of plots No. 431, area 1 bigha 7 biswa It dues (corresponding to old plot No. 832). Respondent No. 6 contested the case of the Petitioner and alleged that during consolidation operations the land in dispute was recorded in the name of contesting Respondents and relevant C.H. Forms were issued to him, the Petitioner did not file any objection during consolidation operation and hence the claim of the Petitioner was barred by Section 49 of the U.P. Consolidation of Holdings Act.

(3.) LEARNED Counsel for the Petitioner urged that the suit filed by the Petitioner was not barred by Section 49 of the U.P. Consolidation of Holdings Act. Learned Counsel for the contesting Respondents on the other hand urged that the suit was barred by Section 49 of the U.P. Consolidation of Holdings Act and the orders were correct.