SHYAM NARAIN TIWARI Vs. ADDL DISTRICT MAGISTRATE

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard learned Counsel for the petitioners and Sri S. N. Tripathi, learned Counsel appearing for the respondent No. 4.

(2.) BY this writ petition, the petitioners have prayed for quashing the judgment and order dated 18. 9. 2007, passed by the Deputy Director of Consolidation dismissing the revision of the petitioners filed against the order of Assistant Settle ment Officer, Consolidation dated 18. 4. 1977, by which the appeal of the petition ers was dismissed against the order of the Consolidation Officer dated 15. 4. 1975.

(3.) LEARNED Counsel for the petitioners challenging the orders passed by the consolidation authorities contended that the petitioners' name were recorded on the basis of exchange vide order dated 22. 7. 1948 of Sub Divisional Officer under Section 53 of the U. P. Tenancy Act, 1939, The petitioners' case is that by virtue of exchange, the petitioners became Sirdar and after abolition of Zamindari, they became Bhumidhar, alternatively it was contended that they being in possession since 1356 Fasli, the petitioner became Adhivasi under Section 20 (b) of U. P. Zamindari Abolition and Land Reforms Act. It is contended that name of Thakur Prasad and others being recorded in 1357 to 1362 Fasli only in column 20, they cannot acquire Adhivasi right. Their entry was of an unauthorized occupants hence they could not acquire Adhivasi and Sirdari rights. The report of Assistant Con solidation Officer was there on the record which mention that the land is in nature of Abadi.