- (1.) THESE writ petitions are directed against the judgment and orders dated 19.09.1990, 10.01.2003 and 30.05.2006 passed by C.O., S.O.C. & D.D.C. respectively.
(2.) I have heard Sri Amit Singh Bhadauria, learned counsel for petitioners and Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri A.Z. Siddiqui, learned counsel for the respondents.
(3.) BRIEFLY stated petitioners' case is that Gaon Sabha, Nanakganj, Hardoi passed a resolution on 03.11.1977 transferring the Gata no. 500 measuring 7 -12 bigha in favour of U.P. State Electricity Board ('Board' in short), possession whereof was taken by the Board on 01.07.1978. In the year, 1979 -80 Power House was constructed on the said Plot. It appears that with the advent of consolidation operation, Sri Abhay Shanker Gaur filed objection under Section 9 -A of U.P. Consolidation of Holdings Act, 1953 ('Act' in short) claiming to be 'bhumidhar' of Plot no. 500 measuring 7 -12 bigha. Petitioner -Board was not given any notice. Consolidation Officer recorded the statement of 'Gram Pradhan' and allowed the objection filed by Abhay Shanker Gaur on 19.09.1990 declaring Abhay Shanker Gaur as 'bhumidhar' of Plot no. 500 measuring 7 -12 bigha. Petitioner -Board could not know about the order dated 19.09.1990 and came to know in the year, 1998, when an application addressed to Energy Minister was endorsed to Executive Engineer of the Board. Immediately after knowledge of the order dated 19.09.1990, petitioner -Board filed an appeal under Section 11 of C.H. Act on 21.08.1998 alongwith application under Section 5 of Indian Limitation Act.;