POONAM SRIVASTAV,J. - (1.) HEARD learned Counsels for the parties.
(2.) THE orders impugned in the in­stant writ petition are dated 21.1.2003 passed by the Deputy Director Consolida­tion, Banda and 19.12.1980 passed by the Settlement Officer Consolidation, Banda. The petitioner Chhedi Singh along with his two brothers Ram Dayal Singh and Deen Dayal Singh claims to be in posses­sion over plot No. 281/1, 281/2, 283, 494, 537/1 and 537/2 since before Zamindari Abolition. Further the basis of their claim is hostile possession to the original tenure holder Jageshwar Singh, father of contest­ing respondents. The petitioner further claims that their names were entered in revenue records in Varg-9 by virtue of an order of Naib Tehsildar dated 14.2.1955 in 1362 Fasli. This entry was well within the knowledge of father of the respondents. An application for expunging their names was allowed and name of the petitioner was expunged over plot No. 537/1. However, entry in Varg-9 continued on rest of the plots till the notification under section 4 of U.P.C.H. Act (hereinafter referred to as the Act) was made sometimes in the year 1978. The petitioner further claims that despite their names were expunged in 1365 Fasli but their names again came to be recorded in 1376 Fasli. Two brothers of the petitioner Ram Dayal Singh and Deen Dayal Sing died issueless much before the notification for consolidation operation and conse­quently the petitioner claims that he per­fected his right on the basis of adverse pos­session.
(3.) AFTER notification under section 4 of the Act on 22.7.1978, the petitioner pre­ferred an objection under section 9-A of the Act for expunging the name of recorded tenure holder, father of respondent Nos. 4 to 7, on the ground that the petitioner has matured his title under section 210 U.P.Z.A. and L.R. Act. Objection preferred by the petitioner was contested by father of respondent Nos. 4 to 7 claiming that the petitioner had given the disputed land on Batai as the petitioner was a distant rela­tion. Evidence was led by both sides and Consolidation Officer allowed the objection vide order dated 22.4.1980. The petitioner was declared as Bhumidhar and name of Jageshwar Singh was expunged from reve­nue records. Two appeals were preferred, one by the petitioner and another by Jageshwar Singh. Both the appeals were de­cided jointly by the Settlement Officer Consolidation, Banda vide order dated 19.12.1980. Appeal of contesting respon­dents was allowed and petitioner's appeal was dismissed. This order was once again challenged by the petitioner in Revision under section 48 of the Act before the Deputy Director Consolidation, Banda which also stood dismissed vide order dated 21.1.2003.;