BIRBAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION BULANDSHAHR

JUDGEMENT

(1.) THE sole point for determination in this writ petition is whether after notification of the village under section 4-A (1) of the U. P. Consolidation of Holdings Act orders passed in the earlier consolidation proceedings can be given effect to in the revenue records under section 52 (2) without filing a regular objection under section 9-A (2).

(2.) IT appears that the land in dispute originally belonged to one Smt. Anto who executed three separate lease deeds on 7-6-1944 for five years duration-one in favour of Bhuley respondent no. 5, the other in favour of Rajjan grandfather of respondent no. 6 and the third in favour of Rumal father of respondents nos. 7 to 9.

(3.) BHULEY and others filed objections before the consolidation authorities claiming Sirdari rights in the land in dispute on the basis of the lease deeds executed by Smt. Anto in their favour on 7-6-1944. Smt. Anto died on 15-8-1957 and thereafter their objeccion was allowed by the Consolidation Officer on 24-8-1957 and they were directed to be recorded as sirdars of the land in dispute in place of Harbansh. Harbansh filed appeal before the Settlement Officer Consolidation which was dismissed on 16-1-1958. He filed revision which was also dismissed by the Deputy Director of Consolidation on 28-2-1958. The Deputy Director of Consolidation, however, taking suo moto action remanded the case to the Consolidation Officer with the direction that he should first determine the heirs of Smt. Anto and then decide the objection filed by BHULEY and others. When the matter went back to the Consolidation Officer a number of objections were filed before him-one by the petitioners claiming themselves to be sister's sons of husband of Smt. Anto, the other by one Vedpal claiming himself to be her son, the third by Harbansh claiming himself to be a reversioner, the fourth by BHULEY and others lessees claiming Sirdari rights in the land on the basis of the lease deeds executed by Smt. Anto in their favour on 7-6-1944 and the fifth by Jaichand and Vedpal claiming rights in the land on the basis of gift deed executed by her. On the other hand, the Gaon Sabha claimed that the land vested in it after the death of Smt. Anto.