RAM KEDARS Vs. DY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India, the petitioners pray for a writ of certiorari quashing the orders dated 15.11.1980 passed by the Assistant Settlement Officer, Consolidation and the order dated 30.6.1981 passed by the Deputy Director Consolidation, Faizabad.

(2.) The dispute in the present petition relates to Khata Nos. 6, 86, 87, 94, 143 and 230 of village Patahuwan Gandpur Pargana and Tahsil Akbarpur, district Faizabad. In the basic year, Khata No. 6 was recorded in the name of the petitioners. Khata No. 86 was recorded in the name of Ram Nihor, Bhagirathi and Durhai. Khata No. 87 was recorded in the name of Ram Prasad and Shiv Prasad, Khata No. 94 was recorded in the name of Ram Bahal. Khata No. 143 was recorded in the name of Sita Ram, Jai Ram and Sangram and Ramji Das while Khata No. 230 was recorded in the name of Ram Kumar and Ram Narain.

(3.) Objections were filed by some of the parties against the basic year entries claiming cotenancy on the basis of the land having been ancestral. The learned consolidation officer came to the conclusion that the entries in the basic year's records were correct. Some minor adjustments were made according to the spot. Feeling aggrieved from the said order of the Consolidation Officer, appeals were filed by Ram Bahal and others.