SHIVA BACHAN Vs. DEPUTY DIRECTOR OF ONSOLIDATION

JUDGEMENT

(1.) At the time of hearing, no one appeared on behalf of contesting respondents even though the case was taken up in the revised list, accordingly only the arguments of learned counsel for the petitioner were heard.

(2.) This writ petition is directed against judgment and order dated 16.2.1974 passed by D.D.C. Ballia in Revision No. 97, Shiva Bachan and others v. Hardeo Pathak and others. The said revision was directed against order of CO., Ballia dated 9.1.1973. Through the impugned order, revision was dismissed.

(3.) It appears that one Hardeo Pathak was recorded tenure-holder of the land in dispute comprised in Plot No. 624, area 0.76 acres. Petitioners alleged that Hardeo Pathak executed the sale deed of the land in dispute in their favour in the year 1960 (exact date of the same is not mentioned in the Para-4 of the writ petition). In the same para, it is also mentioned that sale deed was executed in favour of petitioners as well as one Sukhdeo. In Para-5 of the writ petition, it is stated that on the application of the petitioners, their names were mutated over the said land and in lieu thereof chak was also allotted to them. In Para-5, the date of order of mutation is not given. It appears that order of mutation in favour of the petitioners was passed on 30.11.1963. Contesting respondents, Jagdeo and others claimed that they had filed some objections and through order dated 14.5.1962, it was directed that their names should be recorded as co-tenure holder along with Hardeo Pathak.