INDRAPAL SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION KHERI

JUDGEMENT

(1.) Heard Shri Vijay Bahadur Verma, learned counsel for the petitioner and Shri Surendra Kumar Mishra, learned counsel representing the respondent no.2. Under challenge in this petition is an order dated 02.05.2012 passed by the Deputy Director of Consolidation, Sitapur, Camp Lakhimpur Kheri whereby he has allowed the revision petition preferred by the respondent no.2 which was filed against the order dated 20.08.2003 passed by the Settlement Officer Consolidation in an appeal which was filed by the respondent no.2 against the order dated 21.11.2001 passed by the Consolidation Officer. By the order dated 21.11.2001 the claim put forth by the respondent no.2 on the land in question on the basis of sale deed dated 23.12.1986 said to have been executed by the original recorded tenure holder-Babu Ram in his favour was rejected. The Deputy Director of Consolidation while allowing the revision petition vide order dated 02.05.2012 has also set aside the orders dated 20.08.2003 and 21.11.2001 passed the Settlement Officer, Consolidation and the Consolidation Officer respectively.

(2.) The facts of the case, as pleaded by the learned counsel representing the respective parties, are that undisputed original recorded tenure holder of the land in question was one Babu Ram whose name was recorded in the basic year khatauni. The land in dispute comprises in khasra plot nos.17 and 18 situate in village-Sahupur, Pargana-Aurangabad, tehsil-Mohammdi, district-Kheri. It has been alleged that Babu Ram after seeking requisite permission from the officer concerned under section 5-A(2) of U.P. Consolidation of Holdings Act (hereinafter referred to as "the Act") executed a sale deed in favour of respondent no.2 on 08.12.1986 in respect of both the plots. In the year 1986 itself an objection under section 9-A(2) of the Act was filed by Indrapal claiming his right and title over the land in question on the basis of adverse possession. Apart from Indrapal, four other persons had also laid their claim over the land in question on the basis of adverse possession. The Assistant Consolidation Officer on 28.09.1986 referred the matter to the Consolidation Officer. The Consolidation Officer decided the said objections vide his judgment and order dated 05.08.1988 whereby he held that Indrapal to be Bhumidhar with transferable rights and accordingly ordered that his name be recorded in the revenue records as such after expunging the name of Babu Ram, the original recorded tenure holder.

(3.) Respondent no.2 challenged the said order dated 05.08.1988 by filing an appeal before the Settlement Officer, Consolidation, who dismissed the same vide his order dated 30.03.1991. The said order dated 30.03.1991 passed by the Settlement Officer, Consolidation was challenged by the respondent no.2 by filing a revision petition under section 48 of the Act, which is said to have been withdrawn as not pressed vide order dated 25.08.2001. The respondent no.2 thereafter moved a restoration application which too was rejected by the Deputy Director of Consolidation vide an order dated 28.09.2010.