- (1.) By means of the present petition, the Petitioners have sought the quashing of the three orders passed by the Respondent Nos. 1, 2 and 3. During consolidation operation, the Petitioners and the Respondents III Set came out with the case that they had taken the disputed property from the then Zamindar before 1946 and they continued to be in possession till date and they have acquired bhumidhari right. The Consolidation Officer partly accepted the objection of the Petitioners and ordered that on some of plots as set out in the order, recorded in the name of Gram Samaj, the name of Gram Samaj be struck and in its place the names of Ramayan S/o Thakur and Rama Shankar S/o Rajaram be recorded. In respect of other plot No. 1537/5 the objection was rejected and it was held that the said land is public utility land is being utilized by the villagers.
(2.) Both the Gram Samaj and the Petitioners preferred appeals before the Assistant Settlement Officer, Consolidation (the A.S.O.C.) who vide order dated 15th July, 1975 allowed the appeal of Gram Samaj and dismissed the appeal of the Petitioners. The order of the A.S.O.C. has been confirmed in revisions by the impugned order.
(3.) Shri H.S.N. Tripathi, learned Counsel appearing on behalf of the Petitioners submits that the Petitioners have become bhumidharas they are in occupation of the land in dispute since before 1946 with the consent of the land owner. Trees planted by the Petitioners are standing on the spot.;