- (1.) Present petition under Article 226 of the Constitution of India seeks quashing of the impugned orders and judgments dated 5-12-1983, 24-9-1984 and 18-9-199l passed by respondents 3, 2 and 1 respectively thereby, concurrently dismissing the petitioners' suit under Section 229B of the U.P. Act No. 1 of 1951.
(2.) Facts of the case are that the suit filed by the petitioners has been concurrently held to be barred by Section 49 of U.P. C.H. Act by all the three courts below. The learned counsel for the petitioners contends that since the plot in dispute was not included in the scheme for the purposes of allotment of Chaks, the petitioners could not have filed any objection under Section 9 of the U.P. C.H. Act and therefore, Section 49 of the Act does not come into play. The argument of the learned counsel for the petitioners is totally misconceived. The only effect for the plot being kept out of the scheme is that it is not subjected to proceedings for allotment of chaks. So far as the question of title is concerned, that is to be necessarily gone into under the provisions of the Act.
(3.) The term 'consolidation' as defined in Section 3(2) of the U.P. C.H. Act 1953 means re-arrangement of holding in a Unit amongst several tenure holders in such a way as to make their respective holding more compact. The explanation added to this clause provides that for purposes of this clause, holding shall not include the followings. (i) land which was grove in the Agricultural year immediately preceding the year in which the notification under Section 4 was issued; (ii) land subject to fluvial action and intensive soil erosion; (iii) land mentioned in Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950; (iv) such compact areas as are normally subject to prolonged waterlogging; (v) Usar, Kallar and rihala plots forming a compact area including cultivated land within such area; (vi) land in use for growing pan, rose, bela jasmine and kewra; and (vii) such other areas as the Director of Consolidation may declare to be unsuitable for the purpose of consolidation;;