CHATAR SINGH Vs. SAHAYAK SANCHALAK

JUDGEMENT

(1.) THIS writ petition is directed against the judgment of the Assistant Director, Consolidation, U.P. Lucknow, dated 11 -7 -1973, whereby the revision petition filed by the Petitioner was dismissed.

(2.) THE main grievance in the present writ petition raised on behalf of the Petitioner is that the consolidation authorities have failed to consider the oral evidence adduced on behalf of the Petitioner to prove his continuous possession for more than 12 years, hence according to the Petitioner the findings recorded by the appellate authority and the revisional court suffer from mistakes of law apparent on the face of the record.

(3.) IN the present case even if the Petitioner succeeds in proving that he was in continuous possession for more than 12 years over the disputed land he would not acquire sirdari right in view of the recent amendment with retrospective effect. Relying upon the above observation made by a learned single Judge of this Court, I am of the view that the present writ petition cannot succeed even if the oral evidence is accepted by the revisional court in toto. In the circumstances of the present case it is difficult for me to say that the impugned judgment deserves to be quashed. No useful purpose will be served in quashing the impugned judgment as the Petitioner cannot acquire sirdari right in the disputed land.