BHARAT BHARTI VIDYALAYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Azad Khan, learned counsel representing the Gaon Sabha concerned. This petition challenges the orders passed by the Consolidation Officer, the Settlement Officer, Consolidation and the Deputy Director of Consolidation concerned whereby objection filed by the petitioner under Sec. 9-A (2) of U.P. Consolidation of Holdings Act in respect of Gata No.355, situate in village Mustafabad, Pargana Mijhaura, Tehsil Bhiti, District Ambedkar Nagar, has been rejected.

(2.) The Consolidation Officer after considering the objections filed by the petitioner passed the order on 16.09.2017 stating therein that since gata no.355 is the gaon sabha land recorded as pond, as such prayer of the petitioner cannot be granted. The appeal filed by the petitioner before the Settlement Officer, Consolidation challenging the order dated 16.09.2017 passed by the Consolidation Officer has also been dismissed vide order dated 19.01.2018 giving reasons that it is not just and proper to exchange the land of gata no.355 as the same has been recorded as talab in Category-6 (1). The revisional court has also dismissed the revision petition vide impugned order dated 15.09.2018 reiterating the findings recorded by the trial court as also by the appellate court.

(3.) Having perused the impugned orders and after hearing the submissions made by learned counsel for petitioners, if the orders impugned in this petition are examined, I do not find any illegality in rejecting the claim of the petitioner for the reason that the land comprised in gata no.355 admittedly is recorded as talab (category-6 (1).