SRI RAM Vs. GAON SABHA

JUDGEMENT

(1.) This revision by Sri Ram and Ram Dulare is against, the order of Additional Commissioner dated 25-8-1993 dismissing the revision against the order of trial Court dated 23-3-1990 an order directing expunction of names of Sri Rams in an action at law under Sec. 33/39, U. P. Land Revenue Act, 1901,

(2.) The facts as appear from exposition in the pleading are : A report from Pradhan, Gaon Sabha Masoodpur, revealing that various unauthorised entries in Khatonis are bulking large, orging Sub-Divisional Officer to begin action at law to straighten the record. This stimulates an inquiry to ascertain the larger truth. On 24-2-1990 Sub-Divisional Officer Hasanganj, Unnao Shri Ajaideep Singh writes a letter to Collector intimating deep laid manouvers in the existing revenue records. It opens detailing 19 Khasra numbers with area thereof recording various names over against each number. He says consolidation officer by his order dated 15-10-1984 has directed entry of names of Sri Ram as Bhumidhar tenant over against 11 Khasra numbers. Also the same day in case No. 836 he directs entry of name of Ram Dulare over against Khasra No. 1307 area 3 bighas. The orders from the same court handed down on the same day favouring two brothers. In the jlld bandobast with Lekhpal is mention of only case No. 835 but in the bandobast of recordroom there is mention of both tho orders. In the recordroom the suit flies are not available, yet in the list of the Basta there is noting of the said files. This stirs suspicion that through devious designs the files have gone awry. He feels it is expedient in the interest of justice to expunge the orders incorporated in the jild. Bandobast of consolidation. The request that if his proposal is found acceptable further requisite action be ordered in this regard. On this the then Collector Unnao writes the following on 28-2-1990.

(3.) In the meantime a case of correction of papers is registered; a show cause notice is issued. On 15-3-1990 Sri Ram and Ram Dularey file an Objection contending that the case of forgery in revenue records on basis of biased complaint is wholly groundless. That they had never concerted with consolidation officer, nor nurtured a conspiracy to achieve a certain end. That they had instituted a suit in consolidation court as it respects land in question. Their rights and title had been acknowledged in judicial orders by a competent court having jurisdiction. The orders were in full knowledge of State of U. P. and Gaon Sabha. It has become final and conclusive : their names in records are in accordance with the consolidation order Since they have complained against various acts of omission and commission, Pradhan, wretched man, has engineered this report but of spite and vengefulness. They are still doing Pairvi in complaints. The notice issued is based no grave misunderstanding and is much vitiatedly bias and prejudice. The relief to dismiss the (sic) is prayed for. On 22-3-1990 Sri Ajaideep Singh passes the following Girder :