Hubai v. D.D.C.

Court No. - 11

Case :- WRIT - B No. - 850 of 1977

Petitioner :- Hubai Respondent :- D.D.C.

Counsel for Petitioner :- N.C. Rajvanshi,Kalp Nath Bind,M.K. Rajvanshi Counsel for Respondent :- K.B. Garg,Anuj Kumar,M N Singh,S.C.

Hon'ble Salil Kumar Rai,J.

1. The case has been called out in the revised list. Learned Standing Counsel representing respondent No. 1, 2 and 3 is present.

1. The dispute in the present writ petition relates to Plot No. 3241. In the basic year, the disputed plot was recorded as Tank in the revenue records under Class VI and the names of the petitioners were recorded under Class IV. During the consolidation operations held in the village under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953'), the petitioners filed objections under Section 9-A(2) of the Act, 1953 praying that they may be recorded as Sirdar of the disputed plot on the basis that they were in possession of the same since long. The Consolidation Officer after making spot inspection of the disputed plot recorded a finding that the petitioners had not been able to prove their possession since 1363 Fasli as stated by them in their objections. On the basis of aforesaid finding, the Consolidation Officer vide his order dated 2.9.1972 dismissed the objections filed by the petitioners but directed that names of the petitioners shall be retained under Class IV in the revenue records. Against the order dated 2.9.1972 the respondent No. 4- Gaon Sabha filed an Appeal under Section 11(1) of the Act, 1953 before the Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.'), which was allowed by the S.O.C. vide his order dated 3.9.1974. The S.O.C. relying on the abstracts of Khasra for the year 1357 to 1368 Fasli which showed that the disputed plot was recorded as Tank in the revenue records, directed that the entry of Class IV