- (1.) HEARD Sri V.C. Mishra, learned Senior Advocate assisted by Sri I.N. Singh, on behalf of petitioners, learned tanding Counsel for the State -respondents, Sri R.C. Upadhyay, who has accepted notice on behalf of Gaon Sabha and Sri Ashok Kumar Singh for the contesting respondent no. 3.
(2.) THIS petition is directed against the order dated 26.8.2014 passed by respondent no. 1, the Deputy Director of Consolidation, Azamgarh. This order has been passed in a Reference No. 922, under section 48 (3) of the U.P. Consolidation of Holdings Act and by this order, the reference has been accepted. The plot nos. 2044 and 2065 recorded in Khata No. 22 and plot nos. 2127, 2129, 2176 and 2178 recorded in Khata No. 191 have been ordered to be recorded in Khata No. 444 Usar and Khata No. 436 Banjar respectively after expunging the name of Jamuna.
(3.) BRIEFLY stated the facts of the case are that the petitioners allegedly filed an objection under section 9A(2). This objection was allowed by the Consolidation Officer by his order dated 21.6.1967, whereby plot nos. 2141/1; area 1.150, 2142/1; area 0.360, 2142/2; area 1.10 and 2142/3; area 1.150 hectares recorded in Khata No. 434 in the basic year, was ordered to be recorded in the name of the petitioners as Sirdar. The order aforesaid is said to have been incorporated in the revenue records. It is further the case of the petitioner that the order aforesaid was never challenged and that the same has attained finality. A complaint -application dated 24.3.1990 was filed by the respondent no. 3, the erstwhile Pradhan that the plots in question were property of the Gaon Sabha and had wrongly been recorded in the name of the petitioners. On the application aforesaid, reports are stated to have been called for from the subordinate consolidation authorities and relying upon the same the complaint was rejected on 8.8.1991. A recall application was filed by the respondent no. 3 for recall of the order dated 8.8.1991, which was allowed and the complaint was directed to be registered as one under section 48(3) of the Act. This order was passed on 28.8.1991. Aggrieved by this order, the petitioners had filed Writ Petition No. 24959 of 1991, which was ultimately dismissed on 8.12.1997. The consequential special leave petition, which give rise to Civil Appeal No. 1945 of 1998 was also dismissed by the Apex Court on 14.3.2000.;