RAM SHIROMAN Vs. DISTRICT DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) In the proceedings before Consolidation Authorities, giving rise to instant writ petition, the petitioners traced the source of their title or right in respect of disputed land to be entries in relevant record, prepared under the U. P. Consolidation of Holdings Act, 1953, in favour of Shri Banshi, father of petitioners Nos. 1 to 4 and grand-father of petitioner No. 5. The entries were shown to have been made in pursuance of orders dt. 17-3-1971, 15-3-1972, 9-9-1972 and 18-9-1972 purported to have been passed in consolidation cases Nos. 1021, 1358, 1378 and 1648 respectively. Prior to year 1971 the land id dispute had been recorded as BANJAR belonging to concerned Gaon Sabha.

(2.) Assistant Settlement Officer (Consolidation), Allahabad, the respondent No. 2, before whom the proceedings had been initiated, found it as a fact that, except case No. 1021, none of the aforesaid cases existed and the orders alleged to have been passed therein were non-existent. About case No. 1021 and the order dt. 17-3-1971 it was found that they did not relate to the disputed land. The respondent No. 2, therefore, concluded that entries were fictitious, forged and fraudulent. He further found that the entries were got made with the connivance of staff for the purposes of grabing land of Gaon Sabha and such entries could bestow no right or title upon any body. Accordingly, the respondent No. 2 passed an order dt. 18th Jan., 1986 directing requisite rectification.

(3.) Feeling aggrieved by the order dt. 18-1-1986 the petitioners went up in revision before District Deputy Director of Consolidation, Allahabad, the respondent No. 1, who after hearing the learned counsel of the parties and carefully going through the entire relevant facts available on record, agreed with the findings and conclusions arrived at by the respondent No. 2, affirmed his order and dismissed the revision of the petitioners by means of his judgement and order dt. 18-6-1987.