SURYA NARAIN Vs. D D C & OTHERS

JUDGEMENT

(1.) This writ petition has been filed challenging the orders passed by all the three consolidation authorities and for direction to the respondents not to dispossess the petitioners from the land in dispute and further not to auction the land in pursuance of award passed by the Arbitrator in favour of respondent-4.

(2.) The facts as reflects from the record are that the land of Chak No. 208 was recorded in the names of respondent-5 Ramanand and Vishwanath as Sirdar to the extent of half share each.

(3.) The respondent-5 Ramanand sold his share vide registered sale-deed dated 1.1973 to the father of the petitioners namely Brij Mohan. Prior to the execution of said sale-deed, the respondent-5 deposited 20 times land revenue on 25.1.1973 and subsequently, the Bhumidhari Sanad was issue in his favour. The respondent-5 applied for permission for sale in respect of his holding i.e. part of holding of Chak No. 208 (Gata No. 1120/- 29, 1103/-22, 1110/-14, 1124/-35 and 1108/1/1-00) before the Settlement Officer, Consolidation Deoria. The permission was granted by the Settlement Officer, Consolidation on 31.1.1973 with the rider to execute the sale-deed of the whole of the land within one month. Subsequently, the registered sale-deed was executed by the respondent-5 on 1.1973 in favour of the father of the petitioners late Brij Mohan. The petitioners on the strength of the sale-deed, applied for mutating their names in the revenue records during the consolidation operation under Section 12 of the U.P. Consolidation & Holding Act (hereinafter referred to as Act).