- (1.) Heard Sri R. C. Singh, counsel for the petitioner and Sri Some Narain Mishra, counsel for the respondent-3.
(2.) The writ petition has been filed for quashing the order of Consolidation Officer, Padrauna, Deoria (respondent-2) dated 04.02.1984 passed in Case No. 85 to 95 State Vs. Pradeep Kumar and order of Deputy Director of Consolidation, Deoria (respondent-1) dated 30.12.1985 passed in Revision No. 542 Sangam Vs. Pradeep Kumar, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to basic year khata 148 [consisting plots 189 (area 0.53 acre), 190 (area 0.48 acre) and 191 (area 0.60 acre)] of village Bishunpura Khurd and khata 125 [consisting of plots 62/1 (area 0.45 acre), 63 (area 0.65 acre), 10 (area 0.51 acre), 810/17 (area 0.50 acre and 17/2 (area 0.26 acre)] of village Mansha Chhapera tappa Batesara, pargana Sidhuwa Jobna, tahsil Hata, district Deoria. In basic consolidation year, disputed khatas were recorded in the name of Pradeep Kumar (petitioner). Sangam (respondent-3) filed an objection under Section 9 of the Act, for recording his name over the land in dispute and deleting the name of the petitioner from it. It has been stated by respondent-3 that the land in dispute was his ancestral properties and his name was also recorded in 1359 F but his name was deleted by a forged order dated 30.01.1959 allegedly passed by Tahsildar. The objection of respondent-3 was contested by the petitioner on the ground that land in dispute was acquired by his father in his name from the Zamindar through patta dated 09.08.1949, 15.09.1949 and 05.01.1951 and on the basis of the pattas his name was recorded in khatauni 1358 F. Vishwanath father of Sangam was posted as patwari of the villages. He by making forgery in the khatauni entered the name of Sangam in 1359 F without any order of competent authority. On coming to know about the forged entry, the petitioner filed Case Nos. 4 and 5 before Tahsildar, Hata, for correction of records, in which Tahsildar, Hata by order dated 30.01.1959 directed for deleting the name of Sangam. Since then name of the petitioner was continuously recorded over the land in dispute. The petitioner is cultivating the land in dispute and regularly paying land revenue. Sangam was neither owner of the land in dispute nor was ever in possession over it.;