N.D. Ojha, J. - (1.) The dispute giving rise to this special appeal is in regard to certain plots of land of Khata No. 82 of village Chainpur, tahsil and district Basti. During consolidation proceedings Khata No. 82 was recorded in the name of the Appellant as sirdar. Certain objections were filed including one by the Gaon Samaj challenging the entry in favour of the Appellant, The Appellant in support of his claim that he was sirdar, inter alia, relied upon a statement made by Smt. Dhanpatta, who was the widow of the sir -holder, in proceedings Under Sec. 240 -G wherein she had admitted that the Appellant had been in possession over the land in dispute as a sub -tenant from the life time of her husband and that he had acquired sirdari rights. It was urged that in those proceedings the Appellant was found to be a sirdar. Compensation statement was prepared accordingly and therefore, in view of that decision the Appellant was entitled to be a sirdar. The Consolidation Officer rejected the objection of the Gaon Samaj on the ground that the Gaon Samaj was bound by the proceedings Under Ch. IX -A of the UP ZA Act and since the compensation statement had become final, it was not entitled to make any claim. On appeal the SO (G) upheld; the finding of the Consolidation Officer that the proceedings Under Ch. IX -A were binding on the Gaon Simaj. The matter was taken up in second appeal by the Gaon Samaj which was allowed by the Dy. DC and it was held that the Appellant was only entitled to the rights of an asami of the Gaon Samaj. A revision filed by the Appellant failed. The Appellant thereupon instituted a writ petition. It was dismissed by a leaned single Judge giving rise to the present special appeal.
(2.) From the various judgments of the Authorities bedew it is apparent that in proceedings Under Ch. IX -A the Appellant was found to be a sirdar on the basis of the statement made by Smt. Dhanpatta. The claim of the Gaon Samaj was based on the ground that the land in fact continued to belong to Smt. Dhanpatta during her life time and on her dying heirless and intestate the same vested in the Gaon Samaj. In Maqbool Raza v/s. Jt. Director of Consolidation, 1967 AWR 803 it was held that Under Sub -section (2) of Sec. 240 -I of the UP ZA Act, the compensation statement signed and sealed as required by the provisions of the Act become final. It was further held by this statement was final in respect of the liability of the land to be acquired, the amount of compensation payable in respect of it and the person to whom it is payable. There is no dispute that the compensation, according to the decision In proceedings Under Ch. IX -A, was payable to Smt. Dhanpatta and was to be paid by the State of UP. It appears that the compensation so determined was pi lid by the State to Smt. Dhanpatta as required by Sec. 240 -C of the UP ZA and LR Act (hereinafter referred to as the Act) in lieu of her rights, title or interest in the land in question being acquired. The result of the compensation statement becoming final inter alia was that as between Smt. Dhanpatta and the State there came into being a binding adjudication that the rights, title or interest of Smt. Dhanpatta had ceased and stood acquired by and vested in the State. According to the Gaon Samaj, Smt. Dhanpatta was a bhumidhar on the date of her death and its claim was obviously based oh Sec. 194(a) of the Act which reads: 194. The Land Management Committee shall be entitled to take possession of land comprised in a holding or part thereof, if - - (a) the land was held by a bhumidhar and the interest of the bhumidhar in such land is extinguished Under Clause (a) of Sec. 189; (b)............ (c)............ Clause (a) of Sec. 189 reads: 189. The interest of a bhumidhar in his holding or any part thereof shall be extinguished - - (a) when he dies intestate leaving no heir entitled to inherit in accordance with the provisions of this Act. (b)........... (c)...........
(3.) In the instant case Smt. Dhanpatta did not have any rights, tide or interest in the land in question at the time of her death. They had already ceased during her lifetime and stood acquired by and vested in the State. As, such on her death she left no holding or part thereof over which the Land Management Committee of the Gaon Samaj could become entitled to (take possession as contemplated by Sec. 194(a) of the Act. In view of the proceedings Under Ch. IX -A of the Act which became final it was no longer open to the State and much less to the Gaon Samaj to contend that Smt. Dhanpatta had any interest in the land in question an the time of her death. Consequently the claim of the Gaon Samaj was apparently not maintainable and the hairy of the Appellant's name as sirdar in the record of the basic year could not be expunged at its instance.;