AIJAZ AHMAD Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri R.K. Kakkar along with Sri Sumit Kakkar, for the petitioners and Sri Avneesh Tripathi, for contesting respondents.

(2.) The writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 23.07.1976 and Joint Director of Consolidation dated 27.10.1976, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to the Act).

(3.) Dispute between the parties is in respect of land recorded in basic consolidation year khata-109 (consisting plots 124, 644, 744, 768, 1182, 1298, 1346, 1447, 1498, 1503, 1714, 651 and 1730) of village Hirdayapur, tahsil Hapur, district Meerut. In basic consolidation year, names of Naimuddin, Tayyab, Iqbal Ahmad, Qafil Ahmad and Jamal Ahmad (respondents-4 to 8) (hereinafter referred to as the respondents) were recorded. The petitioners filed an objection (registered as Case No. 4078/227/2811) under Sec. 9-A of the Act, for recording their names as sirdar of the land in dispute. It has been stated by the petitioners that they were in actual physical possession of the disputed land on the date of vesting and acquired adhivasi and subsequently sirdari right over the land in dispute. The respondents filed a suit for ejectment of the petitioners from the land in dispute under Sec. 209 of U.P. Act No. 1 of 1951. Judicial Officer, by judgment dated 31.12.1961, dismissed the suit. The respondents filed an appeal from the aforesaid decree. Additional Commissioner, by order dated 29.09.1963, allowed the appeal and decreed the suit for ejectment of the petitioners. The petitioners filed a second appeal from the aforesaid decree. In the meantime, the respondents filed an application for execution of appellate decree dated 29.09.1963, in which they obtained possession over disputed land on 31.01.1964. Board of Revenue U.P. allowed the second appeal of the petitioners on 26.12.1967. Thereafter, the respondents filed an application for review, in which initially stay order was granted but subsequently review application was rejected by Board of Revenue, U.P. on 07.01.1970. The respondents then filed a writ petition (registered as Civil Misc. Writ Petition No. 821 of 1970), which was dismissed by High Court on 29.04.1974. In the meantime, the petitioners filed an application (registered as Misc. Case No. 3/6/4 of 1973) under Sec. 144 C.P.C. for restitution of their possession, which was rejected by Sub-Divisional Officer on 19.09.1974 as time barred. The petitioners filed an appeal (registered as Appeal No. 213 of 1974), which was allowed by Additional Commissioner by order dated 001.1975. The respondents then filed a second appeal, which was abated, under Sec. 5 (2) of the Act, by order of Board of Revenue, U.P. dated 30.04.1975. Board of Revenue, U.P. by order dated 26.12.1967, declared them as sirdar of the disputed land and this order has been affirmed by High Court and become final between the parties.