Ram Surat Ram (Maurya), J. - (1.) HEARD Sri A.K. Singh and Sri M.P. Singh, for the petitioners and Standing Counsel and Sri S.C. Verma, for the respondents. The writ petition has been filed for quashing the orders of Consolidation Officer dated 23.12.2005, Settlement Officer Consolidation dated 23.2.2006 and Deputy Director of Consolidation dated 30.5.2006, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(2.) THE dispute relates to properties of khata 229 (consisting of 687 (area 0 -19 -0 bigha) and 688 (area 2 -9 -0 bigha) of village Ghorawal, pargana Barhar district Sonbhadra. In basic consolidation records, the land in dispute was recorded as 'banjar' land. Ram Narain and others (the petitioners) filed an objection (registered as Case No. 1/1/2005 -06) under section 9 -A(2) of the Act, for recording their names over it, claiming that the land in dispute was in their possession since before date of vesting. Land Management Committee of Gaon Sabha Ghorawal granted a patta dated 5.1.1969, conferring sirdari right over it. Subsequently they have become its bhumidhar. The objection was contested by Town Area Committee Ghorawal, Sonbhadra on the ground that the land in dispute was included within the limits of Town Area Ghorawal, through Notification of State of U.P. dated 11.8.1954 and as such it was vested in Town Area Committee Ghorawal Land Management Committee of Gaon Sabha Ghorawal had no right to grant patta of the land in dispute on 5.1.1969. The case was heard by Consolidation Officer, who by order dated 23.12.2005 held that possession of the petitioners before date of vesting over the land in dispute was not proved. The petitioners cannot get any right on the basis of possession over 'banjar' land, in view of section 210 of U.P. Act No. 1 of 1951. By notification dated 11.8.1954, the land in dispute was included within the limits of Town Area Committee Ghorawal as such Land Management Committee of Gaon Sabha Ghorawal had no right to grant patta dated 5.1.1969 to the petitioners and the petitioners cannot get any right on its basis. On these findings objection of the petitioners was dismissed by order dated 23.12.2005. The petitioners filed an appeal (registered as Appeal No. 263) from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, who by order dated 23.2.2006, held that the petitioners could not prove execution of patta in their favour. On the basis of possession no right could accrue over 'banjar' land. On these findings the appeal was dismissed. The petitioners filed a revision (registered as Revision No. 212) from the aforesaid order. The revision was heard by Deputy Director of Consolidation, who by order dated 30.5.2006 held that the petitioners could not prove execution of patta in their favour. The land in dispute was included in Town Area Committee Ghorawal by Notification dated 11.8.1954 as such Gaon Sabha had no right to grant patta of the land in dispute in favour of the petitioners on 5.1.1969. On these findings revision was dismissed. Hence this writ petition has been filed.
(3.) BY the order dated 10.2.2014, Standing Counsel was asked to produce the Gazette Notification by which land in dispute was included with the limits of Town Area Committee Ghorawal. In compliance of the aforesaid order, Standing Counsel produced Gazette Notification and the map on 24.3.2014, showing that the land in dispute was included with the limits of Town Area Committee Ghorawal. The fact in this respect has also been verified by the Counsel for the petitioners. Thereafter, the arguments were heard.;