- (1.) Heard Sri P.N. Tripathi, for the petitioners and Sri Raj Kumar Singh, holding brief of Sri Ajay Yadav, for respondent-2.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation, Allahabad (respondent-1) dated 20.12.1991, passed in Revision No. 274, Shivaji Educational Society Vs. Mohammad Ishaq and others, arising out of title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Dispute relates to plot no. 1222/5 (area 1 bigha 15 biswa) situated in village Motiha, tahsil Handia, district Allahabad. Mohammad Ishaq and others (the petitioners) filed an objection (registered as Case No. 35/272) under Section 9 of the Act, claiming sirdari/bhumidhari right over the land in dispute. The Consolidation Officer by order dated 15.05.1981 found that the names of the petitioners were recorded in column 4 of the khatauni in 1372 F and the Pradhan of the village had admitted possession of the petitioners over the land in dispute. However the petitioners will not get benefits of Section 122-B (4-F) of U.P. Act No. 1 of 1951. On these findings the objection of the petitioners has been dismissed. The petitioners filed an appeal (registered as Appeal No. 181/417) from the aforesaid order. Assistant Settlement Officer Consolidation, Allahabad, by order dated 22.01.1982 allowed the appeal and remanded the matter to the Consolidation Officer with the direction to make spot inspection in order to ascertain the possession of the petitioners on sub-plot of plot 1222 and decide the case afresh after giving opportunity of filing evidence to the petitioners. After remand, Assistant Consolidation Officer made spot inspection and submitted his report dated 09.10.1982, in which it has been mentioned that plot No. 1222/4 (area 1 bigha 5 biswa) was recorded in the name of Shivaji Educational Society (respondent-2) but on the spot the petitioners claimed their possession. Thereafter the matter was heard by the Consolidation Officer, who by his order dated 11.01.1983 allowed the objection of the petitioners and directed for deleting the name of Shivaji Educational Society (respondent-2) from plot No. 1222/4 (area 1 bigha 5 biswa) and recording it in the names of the petitioners in column 4 of the khatauni. The petitioners filed filed an appeal (registered as Appeal No. 36/290) from the aforesaid order. Assistant Settlement Officer Consolidation, Allahabad, by order dated 19.05.1983 allowed the appeal and directed for the recording the names of the petitioners over plot No. 1222/4 (area 1 bigha 5 biswa) as sirdar/bhimidhar. Shivaji Educational Society (respondent-2) filed a time barred revision (registered as Revision No. 274) from the aforesaid orders along with delay condonation application, which has been allowed by the impugned order dated 20.12.1991 and orders of the Consolidation Officer and Assistant Settlement Officer Consolidation have been set aside and the matter was remanded to the Consolidation Officer to decide the dispute afresh after giving opportunity of hearing to Shivaji Educational Society (respondent-2).;