- (1.) JUDGEMENT OAK, J. : This petition under Art. 226 of the Constitution arises out of a proceeding under para 6 of Sch. V to U.P. Act No. 1 of 1951.
(2.) JHAMAN Lal and two others are petitioners before this Court. Girdhari Lal and four others are respondents Nos. 2 to 6. The dispute between the parties relates to 32 plots situate in village of, district Mathura. At one time one Syed Mahammad was the tenant of these 32 plots. He migrated to Pakistan. The plots were declared as evacuee property. The evacuee property Department allotted the plots to respondent Nos. 2 to 6. The petitioners claim that they are Adhivasis of these 32 plots. So on 17-11-1954 they filed an application under S. 232 of the Act to recover possession over the plots. They claimed Adhivasi rights under Section 20(b)(i) of the Act on the ground that, they were recorded as occupants in the village records for 1356 fassil. The revenue Court directed the petitioners to get a declaration of their alleged Adhivasi rights from the Custodian under para. 6 of Sch. v to the Act. In pursuance of that direction, the petitioners filed on 25-7-1956 an application in the Court of the Assistant Custodian of Evacuee Property, Agra Circle for the necessary declaration. The application was opposed by the allottees, Girdhari Lal and others. The Assistant Custodian was satisfied that the petitioners were Adhivasis of the 32 plots. A declaration was granted accordingly. Respondent Nos. 2 to 4 filed a revision. The revision was allowed by the Deputy Custodian General of Evacuee Property, Mussoorie by his order dated 23-6-1958. He held that, for various reasons, the petitioners claim to Adhivasi rights could not he accepted. This writ petition by Jhamman Lal and others is directed against the order of respondent no. 1 dated 23-6-1958. When the writ petition came up before a learned Single Judge of this Court, be noticed a conflict between two decisions by different Benches of this Court, in view of that conflict, he referred the case to a larger Bench.
(3.) THE 32 plots in dispute may be divided into two groups. The first group consists of 13 plots. At one time the petitioners surrendered these plots in favour of the then zamindar. The remaining group consists of 17 plots. The petitioners appear to have been ejected from these 17 plots in the year 1953 or 1954.;