RAM GOPAL Vs. DEPUTY DIRECTOR OF CONSOLIDATIONLAWSUITDOWNLOAD

JUDGEMENT

(1.) Since subject matter of these petitions is the same, they have been heard together and are being decided by the following judgment and order.

(2.) Heard Sri Umesh Chandra Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Sri Jai Kumar, learned counsel representing the Land Management Committee concerned and Sri Alok Mishra, learned counsel representing some of the private respondents.

(3.) The dispute in this matter relates to title in respect of gata no.560 having an area of 0.271 hectare, situate in village Shivdaha, Pargana, Tehsil and District Bahraich. The land in question was recorded in the basic year khatauni as naveen parti. The petitioner-Ram Gopal is said to have filed objections under Sec. 9-A (2) of U.P. Consolidation of Holdings Act (hereinafter referred to as "Act") claiming that the land in question was initially recorded in the name of Ram Pyare, son of Vishehwar and on his death his father-Baur came in possession and after the death of his father, the petitioner is in possession. In the said objections, it was also stated by the petitioner that his father was mentally retarded and as such on account of his retarded mental state, the land in question was earlier got recorded as naveen parti. The petitioner is also said to have filed khatauni pertaining to bandobast soyam (third settlement) where the land in question is said to be recorded in the name of Ram Pyare, son of Visheshwar and he also filed khatauni pertaining to 1356 fasli, according to which, Ram Pyare was found in possession.