R.R.K. Trivedi, J. - (1.) BY this writ petition, Petitioner has questioned the legality of the order dated 27 -3 -1980 by which revision filed by Petitioner against order dated 17 -4 -1967 has been dismissed.
(2.) THE facts, in brief, giving rise to the present writ petition are that Ganpat (father of Petitioner) filed objection in consolidation proceedings claiming title over plots Nos. 71, 72, 73, 116 and 148 which in basic year were recorded in the name of Lal Ji, (now represented by Respondents Nos. 4, 5 and 61. Case of Ganpat was that his father Kanhai was sub -tenant of the plots in dispute and a recorded occupant in 1356 F. and was in possession in 1359 F. and consequently has became Adhivasi on abolition of Zamindari and became Sirdar. After death of Kanhai as he continued in possession as Sirdar, he is entitled to be recorded in Revenue papers as such. It was contended that Lal Ji has no right, title or interest nor was he in possession. The entries in his favour are fictitious and liable to be expunged. Lal Ji resisted the claim of Ganpat by filing objection inter alia on the ground that Kanhai had surrendered the sub -tenancy rights on 20 -5 -1951 (i.e. in 1358 Fasli) and after surrender he was not in possession, his name was illegally continued in 1359 F. and after surrender he could not be Adhivasi or Sirdar of the land in dispute.
(3.) BOTH the parties adduced oral and documentary evidence. Consolidation Officer vide order dated 30 -9 -1966 allowed claim of Ganpat and directed him to be recorded as Sirdar of the land in dispute. Aggrieved by the order of the Consolidation Officer, Lal Ji filed appeal which was allowed by Settlement Officer of Consolidation on 17 -4 -1967 and revision filed by Ganpat against it was dismissed on 6 -12 -1967 by the Dy. Director of Consolidation. Then, a writ petition was filed by Ganpat in this Court which was dismissed vide order dated 12 -2 -1969. However, the Special Appeal No. 350 of 1969 preferred against the judgment of the Learned Single Judge was allowed by Division Bench on 19 -4 -1974 and the matter was remanded to the Dy. Director of Consolidation for deciding the revision on merit afresh after hearing the parties. On remand the Dy. Director of Consolidation, however, again dismissed the revision by order dated 27 -3 -1980 against which the present writ petition has been filed.;