- (1.) AT the time of hearing no -one appeared for the contesting respondents even though the case ws taken up in the revised list. Accordingly, only the arguments of Shri Param Shankar, learned counsel holding brief of Shri Naseerullah, learned counsel for the petitioners were heard.
(2.) THIS writ petition arises out of consolidation proceedings. Matter pertains to title dispute in respect of plot no. 460 area 12 Biswa. In the basic year when consolidation started in the area in question, the plot in dispute was entered as Sirdari land of Smt Moona, wife of late Jhuri, original respondent no.3, Shri Ram Padarath since deceased and survived by respondent no. 4 and 5 and Shri Ram Adhar respondent no. 6. In preliminary inspection it was reported that Mohd. Shafiq, father of the petitioners was in possession. Both the parties filed objections. Mohd. Shafiq claimed his right and Smt Moona claimed her exclusive right. In Khasra of 1356 fasli Mohd. Shafiq was shown to be in occupation for four years and Ram Bux was shown tenure -holder (Ram Bux died long before start of the consolidation and no -one claimed any right over the land in dispute through him). Name of Mohd. Shafiq was also recorded in subsequent khasras. In the khasras since 1360 fasli name of Mohd Shafiq was entered under column 9, occupant without consent of the tenure -holder. The case was registered as case no. 1425, Mohd. Shafiq vs. Musammat Moona on the file of C.O. no.4 Kudwar Distt. Sultanpur. The C.O. decided the matter on 30.9.1973 in favour of Mohd. Shafiq. Against the said order Smt Moona filed appeal no. 413 which was allowed by S.O.C. Sultanpur on 31.12.1973 and it was directed that basic year entry recording the name of Smt Moona and others should continue. Against the said order Mohd Shafiq filed revision no. 3996. D.D.C. Sultanpur dismissed the revision on 26.10.1979, hence, this writ petition. In 1356, 1357 and 1358 fasli revenue records particularly khasra, name of Mohd. Shafique was entered as occupant and period of occupancy was shown as four years, 5 years and 6 years respectively. In the khasra of 1359 fasli, name of Mohd. Shafique was entered as Sajhi (partner). Thereafter also for different periods name of Mohd. Shafiq was entered in khasra.S.O.C. and D.D.C. mentioned that in khasra of 1358 fasli Part -II name of Mohd Shafiq was entered under varg 12 (without right and without lagaan shikmi). It is also mentioned in the said order that in khasra of 1359 fasli the column of shikmi is crossed and before enforcement of U.P.Z.A. and L.R. Act the name of without right occupant could be scored off after removal of possession. From this inference was drawn that possession of Mohd. Shafique might have been removed. This inference is not warranted unless some order is shown to have been passed for changing the nature of entry. Moreover, name of Mohd. Shafiq was very much there in 1359 fasli also even though nature of entry changed. In the earlier two khasras he was shown to be occupant without right and in 1359 fasli khasra he was shown to be partner.
(3.) IT is mentioned in the order of S.O.C. That after 1359 fasli, the name of Mohd. Shafiq was shown as class 9 occupant in the khasra for the first time in 1368 fasli which was not in accordance with the land record manual. Strangely enough learned S.O.C. did not discuss the right of Smt. Moona and others and how their names came to be entered in the revenue record in 1360 Fasli and subsequently.;