GANGA PRASAD Vs. DDC

JUDGEMENT

(1.) Heard Sri Sandeep Chaudhary holding brief of Sri M. N. Singh for the petitioner and Sri S.K. Srivastava for contesting respondents.

(2.) The writ petition has been filed against the order of Consolidation Officer dated 26.5.1981, Assistant Settlement Officer Consolidation dated 18.5.1982 and Deputy Director of Consolidation dated 17.1.1983 passed in the proceeding under Section 12 of UP Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

(3.) During consolidation, the chak in dispute was carved out in the name of Jamuna Prasad, father of the petitioner as well as Shri Ram, respondent-5. Jamuna Prasad executed a sale deed dated 21.7.1979 of the land in dispute in favour of Shri Ram, respondent-5. On the basis of sale deed dated 21.7.1979, Shri Ram filed an application under Section 12 of the Act for recording his name over the land in dispute. The petitioner filed an objection stating therein that the land in dispute was sir khudkast land and coming in the family from the time of their ancestor, who died before the date of vesting. Since Ganga Prasad, the petitioner, was born before the date of vesting as such he has inherited ' share becoming coparcener in the land in dispute. The sale deed dated 21.7.1979 in respect of entire land in dispute was invalid and no mutation can be incorporated on its basis. In the proceeding, statement of Jamuna Prasad was also recorded. Jamuna Prasad in his statement has stated that he has obtained bhumidhari certificate of the land in dispute by depositing ten times of annual land revenue. However, he further stated that the land in dispute was sir khudkast and his father and uncle were Zamindar of the village and he inherited the property in dispute as sir khudkast holding. The Consolidation Officer after hearing the parties, held that as no document has been filed to show that the land in dispute was ever recorded as sir khudkast land in the name of father of Jamuna Prasad , therefore, he rejected the objection of the petitioner and held that as Jamuna Prasad has admitted for execution of sale deed dated 21.7.1979 as such he directed for mutation of the name of Shri Ram, respondent-5 over the land covered under the sale deed dated 21.7.1979. The petitioner challenged the aforesaid order in appeal before Assistant Settlement Officer Consolidation, who by the order dated 18.5.1982 affirmed the finding of the Consolidation Officer and dismissed the appeal. The petitioner challenged the aforesaid order in revision before the Deputy Director of Consolidation, who by the order dated 17.1.1983 dismissed the revision. Hence this writ petition has been filed.