SHANKER DEO BHARTI Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition, petitioner has approached this Court for issuing a writ of certiorari quashing the order of the prescribed authority dated 16. 9. 1980 and the order passed by the 1st Additional District Judge dated 6. 8. 1981 (Annexure Nos. 9 and 10 respectively to the writ petition ). Further prayer is for issuing a writ of mandamus commanding the respondents not to dispossess the petitioner from the land declared as surplus during the pendency of the present writ petition. A further prayer is also for issuing a writ of mandamus directing the respondent Nos. 2 and 3 to consider and decide the petitioner's objection on merits.

(2.) THE relevant pedigree for the purposes of instant case is being reproduced below :<IMG>np_709_alr70_2008.jpg</IMG>

(3.) THE village Mauzampur Sujan, Mohammadapur Deomal along with other villages were the Zamindari villages of the joint Hindu family and there was Sir Khudkasht and intermediary grove of the said joint Hindu family in villages Mauzampur Sujan and Mohammadapur Deomal along with other villages. Sri Lekhraj Singh had died prior to the abolition of Zamindari. The joint Hindu family consisted of Seth Laksman Swarup and his family members. The joint Hindu family has acquired bhumidhari rights in the land of villages Mohammadpur Deomal and Mauzampur Sujan. The proceeding under the U. P. Consolidation of Holdings Act started in the aforesaid village. The objections were filed in respect of land of Mohammadpur Deomal and Mauzampur Sujan. Six land references were referred to Arbitrator in respect of land situated in two villages. An objection was also filed by Sri Laxman Swarup and other persons. Sri Raghu Nath Singh has also filed an objection claiming some of the plots of village Mohammadpur Deomal involved in the objection filed by Laxman Swarup. The objections were decided by the Arbitrator vide its award dated 1. 1. 1964. After considering the entire evidence on record, the learned Arbitrator found that Sri Shanti Swarup and Laxman Swarup have joint claim as bhumidhar of the land of village Mohammadpur Deomal and Mauzampur Sujan. It has also been found that Sri Shanti Swarup disposed of his half share in the land in dispute of village Mohammadpur Deomal, Mahal Zard in favour of Bhopal Singh and thereafter Bhopal Singh and others are bhumidhars to the extent of half share in the land in suit of village Mohammadpur Deomal and Seth Laxman Swarup is co-bhumidhar of the plots in suit of village Mauzampur Sujan to the extent of half share and Shanti Swarup is not exclusive bhumidhar of the plot in suit of village Mauzampur Sujan. The objections of Sri Raghu Nath Singh was rejected and the Arbitrator has also held that Sri Shanti Swarup is not the exclusive bhumidhar of plots mentioned in the suit of village Mauzampur Sujan.