- (1.) Heard Sri B.D. Mishra and Sri S.L. Yadav, for the petitioners and Sri Akhilesh Prasad Tripathi and Sri Lalji Chaudhary, for the respondents.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 27.11.1974, 21.01.1975 and 04.02.1975 passed in Revision Nos. 9531, 9532 and 9533, Smt. Naurangi and another Vs. Ram Khelawan and others, arising out of title proceedings under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to plot Nos. 415, 417, 419, 421, 463, 464, 381, 382 and 383 of village Majhgawa, pargana Bhadohi, district Varanasi. In basic consolidation year, the land in dispute were recorded in the names of Jai Karan and Sukhdeo as 'sirdar'. Jai Karan was reported to be dead and inherited by his brother Sukhdeo. One Ram Adhar filed an objection claiming himself as mortgagee in possession of plot Nos. 463 and 464. The objection of Ram Adhar was dismissed by the Consolidation Officer and he has not contested thereafter as such order of Consolidation Officer has become final against him. Smt. Navrangi and Smt. Jaikalli (respondents-4 and 5) filed an objection for recording themselves as bhumidhar of the land in dispute. Respondents-4 and 5 stated that land in dispute were the properties of their husband. On the date of vesting, they, being widows, were disabled persons, as given under Section 157 (a) of U.P. Act No. 1 of 1951, as such Jai Karan and Sukhdeo became 'asami' under Section 21 (h) of U.P. Act No. 1 of 1951. They were wrongly recorded as sirdar of the land in dispute. The names of Jai Karan and Sukhdeo be deleted and their names be recorded as 'bhumidhar' of the land in dispute. The aforesaid objections were contested by Sukhdeo (now represented by the petitioners). Sukhdeo stated that Kamla Prasad and Jokhu (husbands of respondents-4 and 5) were tenant-in-chief of the land in dispute. During their life time, they sub-let the land in dispute to Jai Karan and Sukhdeo who were through out recorded as sub-tenant of the land in dispute. The names of Jai Karan and Sukhdeo were recorded as the 'occupants' over the land in dispute in 1357 F khasra as such they became 'adhiwasi' of the land in dispute on the date of vesting and sirdar under U.P. Act No. XX of 1954. The proceedings under Chapter IX-A of U.P. Act No. 1 of 1951 were taken against the land holders and their interest was acquired under Section 240-A and compensation statement was prepared under Section 240-D which has become final under Section 240-J of the Act. They also filed a suit (registered as Suit No. 57 of 1960) under Section 229-B for declaring them as sirdar which was decreed by Sub-Divisional Officer, Gyanpur by judgment dated 21.10.1961.;