ANIS AHMAD Vs. DEPUTY DIRECTOR CONSOLIDATION
LAWS(UTN)-2012-12-169
HIGH COURT OF UTTARAKHAND
Decided on December 31,2012

ANIS AHMAD Appellant
VERSUS
DEPUTY DIRECTOR CONSOLIDATION Respondents

JUDGEMENT

- (1.) By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the order dated 22-5-2002 (Annexure No.11 to the writ petition), passed by Deputy Director Consolidation, Udham Singh Nagar, in revision No. 52/13 of 1996-97, and order dated 14-3-1996 (Annexure No. 9 to the writ petition) passed by respondent No.2, Settlement Officer Consolidation, Udham Singh Nagar. Further prayer has been made to maintain the order dated 30- 6-1994 passed by Consolidation Officer.
(2.) Briefly stated the facts of the case giving rise to this writ petition, according to the petitioner, are that the petitioner had filed objection U/S 9-A(2) of the Consolidation of Holdings Act 1953 ( in short 'the Act'), in respect of Gata (plot) No. 9, area .3680 hectare, Gata(plot) No. 11-Ka, area .3668 hectare and Gata(plot) No. 12, area .1424 hectare of the land situated in Village Dhondha, Tehsil Kichha, District Udham Singh Nagar, before Consolidation Officer, on the ground that the his father Abdul Sattar was in possession of the land and he had made the land cultivable, as the land was 'Banjar' . In the objection prayer was made that the entry of 'Banjar' class-5 be expunged from Khata No. 45 and Khata No.51 and the land be entered in his name as Bhumidhar with transferable rights. Before the Consolidation Officer the petitioner adduced only oral evidence and got examined himself and in support of his case Sri Bhagwan Singh and other witnesses. It was asserted before the Consolidation Officer that the objector-petitioner was in possession of the land since 25 to 30 years. The Consolidation Officer vide order dated 30-6-94, allowed the objections of the petitioner on the ground that despite of the notice to the Government Counsel but no objection has been filed on behalf of the State.
(3.) Aggrieved by the order passed by Consolidation Officer, the State and Sri Jagat Prakash Aggarwal, preferred appeals on the ground that the land was recorded in revenue record as State property- Banjar land and no rights could be given to the petitioner objector merely on the basis of alleged possession. The learned Settlement Officer Consolidation vide order dated 14-3-1996 has held that on the land which is recorded as State land, no rights can be given to any person on the basis of possession, therefore, the order of Consolidation Officer is without jurisdiction and appeal filed by State was allowed and the appeal filed by Sri Jagat Prakash was dismissed. Further aggrieved, the petitioner has preferred revision. The revision was also dismissed by the learned Deputy Director of Consolidation on the same ground vide order dated 22-5-2002.;


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