INDRAJEET SINGH Vs. DY. DIRECTOR OF CONSOLIDATION SONBHADRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.

(2.) All the abovementioned writ petitions have been filed against the same orders passed by the consolidation authorities and were therefore connected by different orders of this Court and have been heard together and are being decided by a common judgement and order.

(3.) The facts of the case are that the total area of Plot No. 505 as recorded during the settlement was 512-12-0, i.e., 129.652 hectares. Subsequently, the village was put under survey record operations and after the survey record operations in the village, errors crept in the revenue records which reflected the total area of Plot No. 505 as 647-11-0, i.e., an excess area of 134-19-0, i.e., 34.144 hectares. Consequently, the basic year records also reflected the excess area of Plot No. 505. The excess area of Plot No. 505 shown in the revenue records was probably because of the fact that the original tenure holders had executed sale-deeds more than their share in Plot No. 505. Because of the excess area of Plot No. 505 shown in the revenue records, cases under Section 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') were registered before the Consolidation Officer for correcting the basic year records relating to Plot No. 505. In their impugned orders, the consolidation authorities have recorded that, from the evidence on record, it was not possible to identify the tenure holders who had executed the sale-deeds more than their share in Plot No. 505 and the vendees in whose favour the said sale-deeds had been executed. Before the Consolidation Officer, a compromise was filed by all the tenure holders agreeing that 2 Biswa per every Bigha be reduced from the basic year records relating to the tenure holders and any excess area left in Plot No. 505 after the aforesaid reduction be expunged proportionately from the basic year records relating to the original tenure holders.