RAM SURAT RAM, J. - (1.) HEARD Sri Arvind Kumar Singh, for the petitioners and Standing Counsel for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 02.05.2003 and Settlement Officer Consolidation dated 20.08.2001 and Consolidation Officer dated 14.02.2001, passed in title proceedings under UP Consolidation of Holdings Act -1953 (hereinafter referred to as the 'Act'). During Consolidation, the petitioners filed an objection (registered as Case No. 321), under Section 9 A of the Act, for recording their names over the land in dispute as bhumidhar with transferable right. It has been stated by the petitioners that they have been in possession over the land in dispute since before 1365 F and by way of adverse possession their title over the land in dispute has been matured. The objection was tried by the Consolidation Officer, Rampur who by order dated 14.02.2001, held that the petitioners have been in continuous possession over the land in dispute since 1365 F, khatauni of the year, 1365 F -1369 F, 1370 -1372 F and 1373 F -1375 F have been weeded out. As such, how and from what period the names of the petitioners had been discontinued was not proved. It is also not proved that from whose order the entry of the possession of the petitioners has been deleted from the record. Since the possession of the petitioners has been admitted from the witnesses of Gaon Sabha also, accordingly, the names of the petitioners were directed to be recorded in Column III of the khatauni, over the land in dispute.
(3.) THE petitioners filed an appeal from the aforesaid order, claiming that their names be recorded as bhumidhar with transferable rights instead of asami. The appeal was heard by Settlement Officer, Consolidation who by order dated 20.08.2001 held that Consolidation Officer has illegally directed for recording the names of the petitioners over the land in dispute. Accordingly, the order of Consolidation Officer dated 14.02.2001 was set aside by order dated 20.08.2001. The petitioners filed a revision (registered as Revision No. 206/515 of 2002 -03) from the aforesaid order which has been dismissed by order dated 02.05.2003 passed by Deputy Director of Consolidation. Hence this writ petition has been filed.;