Sudhir Agarwal, J. - (1.) THIS writ petition is directed against the orders dated 29.4.1980 passed by Consolidation Officer, dated 6.9.1980 passed by Settlement Officer (Consolidation) rejecting appeal and dated 31.12.1980 passed by Assistant Director (Consolidation) rejecting revision.
(2.) PETITIONERS have also challenged validity of Section 11-C of U.P. Consolidation of Holdings Act of 1954 (Act No. 5 of 1954) (hereinafter referred to as "Act") as amended from time to time. This matter was heard and judgment was reserved on 9.12.2010 when the petitioner also filed written submissions. However, since then I was regularly sitting at Allahabad and therefore though the judgment was ready, but could not be delivered due to non sitting at Lucknow. Hence, there is some delay in pronouncement of judgment. The land in dispute is khasra No. 33, 34, 35 and 36 situated at village Ghaila, Pargana, Tehsil and District Lucknow. It is said that in the basic year, these plots were recorded as banjar Khata. When consolidation proceedings commenced in the area, Sri Sartaj Ali, father of respondent No. 3 and other petitioners filed an objection before Assistant Consolidation Officer (respondent No. 1), claiming that they are in possession over the disputed plots from before the abolition of zamindari, and, after abolition of zamindari, they have become Sirdar and subsequently bhumidhar. The plots have wrongly been entered in khata as banjar on abolition of zamindari and Gaon Sabha has no claim or title over it.
(3.) ONE Kali Charan also claimed rights over the plots in dispute on the basis of long standing possession. A third objection was filed by Shamshad Ali etc. claiming rights over khasra plot No. 36 alleging that it was their old grove and entry to this effect be allowed to continue in khata. The matter was referred to Consolidation Officer, who framed three issues, one relating to the title of Kali Charan, second relating to title of Shamshad Ali qua plot No. 36 and third relating to title of petitioners in the land in dispute.;