Shishir Kumar, J. - (1.) PRESENT writ petition has been filed for quashing the order dated 21.11.2005 passed by Respondent No. 1 in Case No. 5 purported under Sections 33 and 39 of the U.P. Land Revenue Act (Annexure 1 to writ petition).
(2.) FACTS arising out of writ petition are that Petitioners are aggrieved by the order dated 21.11.2005 passed by Respondent No. 1 in Case No. 5 of 2005 -06 holding therein that name of Petitioners were wrongly recorded in Khatuni relating to property in question. According to Petitioners no notice or intimation was ever given even to the co -holders nor any opportunity was ever given or any proceeding was ever initiated against Petitioners or their cotenure holders. Certain lands of various villages including Matiala were duly allotted to various persons. Allotments were approved by Sub -Divisional Officer, Ghaziabad vide its order dated 30.5.1955 holding that allotment was duly made in favour of 14 persons and their names were duly ordered to be mutated in the revenue record maintained by Respondents. The order of mutation was a judicial order regarding allotment of lands. The patta holders after obtaining Sirdari rights applied for conferment of bhumidari rights upon them in conformity with the provisions of Section 134 to 137 of U.P. Zamindari Abolition and Land Reforms Act after depositing ten times of annual land revenue. An enquiry was held and adjudication to that effect was made and under judicial orders Bhumidhari rights upon patta holders after accepting ten times of land revenue was granted. Admittedly, that order has become final.
(3.) AFTER obtaining transferable Bhumidari rights, seven patta holders out of 14, transferred the land in favour of one M/s Ashok Sanyukt Kheti Samiti, Ltd. The Samiti applied under judicial orders and their names were recorded in the revenue record. The land in question transferred in favour of Samiti vide registered sale deeds by different patta holders on 23.11.1966. During consolidation proceeding village Matiala was de -notified under Section 52 of Consolidation of Holdings Act, 1956. The plots existing before consolidation operations were converted and sub -divided into various new plots. Subsequently this property of Samiti was transferred in favour of three persons vide registered sale deed dated 16.3.1970. They made an application before the consolidation authorities and their names were also mutated. Subsequently this property has been purchased vide registered sale deed dated 16.7.1974 by Petitioners. It appears that some enquiry was made and none of the Petitioners or their transferors or patta holders were party to any exparte enquiry.;