SURENDRA NATH CHAUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Alok Kumar Yadav for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha and Shri Sanjay Goswami for the State-respondents.

(2.) The instant writ petition arises out of an objection under Section 9A(2) of the U.P. Consolidation of Holdings Act filed by the respondent no. 4 and is directed against the orders dated 26.05.2010 and 16.10.2018 passed by the Settlement officer Consolidation and the Deputy Director of Consolidation respectively, whereby the land in issue, plot no. 869 area 1 bigha 4 biswa 14 biswansi has been ordered to be recorded as bawli after expunging the names incorporated, pursuant to the order passed by the Consolidation officer on 15.12.1994.

(3.) The objection under Section 9A(2) of the Act was filed by respondent no. 5, namely Kripa Shankar Chaubey on the ground that the land in issue was recorded as bawli and in view Section 18 of the U.P. Zamindari Abolition and Land Reforms Act, the objector was liable to be declared bhumidhar with transferable rights, as his father was recorded in column 3, in the khatauni of 1356 fasli and 1359 fasli.