Prakash Krishna, J. - (1.) THE only point mooted in the present writ petition is whether the sale -deed executed by Custodian Evacuee Property in favour of the petitioner in respect of a property declared as evacuee property could be ignored by the Consolidation Courts during the course of consolidation operation in the village.
(2.) THE facts are not much in dispute and are almost undisputed. One Sri Mehdi Hasan owned plot no. 655/2 of Khata No. 137, plot no. 189 of Khata No. 1 and plot no. 106/2 of Khata No. 51 of Village Sarai Malik, Gaddu, Machlishar, District Jaunpur. A notice dated 20th October, 1952, under Section 7 of Administration of Evacuee Property Act, was issued to Sri Mehdi Hasan to show cause as to why the property referred above be not declared as the evacuee property. The disputed plots on 25th December, 1952 were declared as evacuee property by the Assistant Custodian Evacuee Property, Jaunpur. By means of a notification dated 26th November, 1957 issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, the Central Government acquired the disputed property. Thereafter, the said property was purchased by the petitioner and certificate of transfer was issued on 17th October, 1969. The Managing Officer, Administrator Evacuee Property, Lucknow on 25th November, 1972 executed a sale -deed on behalf of the President of India in favour of the petitioner. The name of the petitioner was mutated in the revenue record i.e. khatauni 1377 F to 1379 F. A dispute arose when one Sri Ram and certain other persons claimed sirdari right in plot no. 216 and filed objections under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act") before the authority concerned. The Consolidation Officer by the order dated 31st October, 1972, while deciding those objections took a view that the property in dispute is Gaon Sabha property. Accordingly, he ordered that the name of the petitioner be expunged from the revenue record and in his place the disputed plot be recorded in the name of Gaon Sabha. The objections filed by Sri Ram were also rejected. The matter was carried in three appeals by the petitioner as well as Sri Ram and others.
(3.) ALL the three appeals were consolidated and decided by a common judgment dated 24th April, 1973 by the Settlement Officer, Consolidation, who accepted Appeal No. 170 of the petitioner with respect to plot no. 106/2 but dismissed the other appeals. The order of the S.O.C. has been confirmed in Revision No. 133/75, which was preferred by the petitioner, by the impugned order dated 20th February, 1976.;