- (1.) Challenging the order dated 31st of January, 1976 passed by the Deputy Director of Consolidation in revision no.476 of 1972: Rajendra Singh son of Bechan Singh Vs. Ram Sabad and others, the present writ petition has been filed. The Deputy Director of Consolidation by the impugned order has allowed the revision and set aside the judgment and order of the two Courts below to him and ordered that the name of Rajendra Singh be recorded as Sirdar over the plot no.40 area 0.91 acre and plot no.74 area 0.81 acre and name of Mahant Ram Shanker shall be expunged from these plots. Indisputably, there is a Vaishno Math in village Rampur Pandey known as Rampur Akhara. It has vast landed properties in the form of grove and Bhumidhari plots spread over eleven villages. All these properties are being managed by Mahant of the Akhara. In the basic year of the consolidation, plot Nos.40 and 74 with respect to which the dispute is confined in the present writ petition, were recorded in the name of Mahant Ram Shanker; at the time of commencement of consolidation operation in the village. During the consolidation operation, two sets of objections were filed, one by Rajendra Singh and another by Ram Sabad Singh and others. The present writ petition is confined to the objection filed by Rajendra Singh.
(2.) The notification under section 4(2) of the U.P. Consolidation of Holdings Act was published on 28th of May, 1969 in the village Harnahi. The disputed plots are situate in the said village.
(3.) Rajendra Singh (hereinafter described as the contesting respondents) is the main contestant who pleaded in his objection that he is in possession of the disputed plots. He had taken these plots from Mahant Sukhdev Das who had executed a deed in his favour for a sum of Rs.3,150/-. It was further pleaded that earlier these plots were grove and with the passage of time, the trees dried up and had fallen down, Mahant Sukhdev Das permitted him to replant the trees and look after them. He further pleaded that the name of Sukhdev Das be expunged from the revenue record. It was further pleaded that Ram Shanker Das wrongly got his name recorded in the revenue record. He had no authority to execute sale deed in the year 1963 in favour of the objector second set who are the petitioners herein.;