Ram Surat Ram (Maurya), J. - (1.) HEARD Sri R.P. Mishra, for the petitioner, Standing Counsel for State of U.P. and Sri Manoj Kumar Yadav, Standing Counsel for Gram Panchayat.
(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 04.01.2010, Settlement Officer Consolidation dated 19.08.2011 and Deputy Director of Consolidation, dated 04.09.2015, passed in the proceeding under Section 9 -A of U.P. Consolidation Act, 1953 (hereinafter referred to as the Act). The petitioners and others villagers filed time barred objections, for reserving plot 141 and 161 of village Godaur, tahsil Mohammadabad, district Ghazipur, as khalihan along with delay condonation application on 30.06.1990. It has been stated that land in dispute was falling in mohal of the ancestors of the petitioners and it were used as khalihan, from the time of immemorial. After date of vesting it was illegally recorded as banjar land. The petitioners could not know about the aforesaid entries earlier. It is only when notice for publication of village under Section 52 of the Act was served then they could know about it. The land reserved for khalihan during consolidation operation was either in illegal occupation or in other public use and some of the plots are not suitable for khalihan as it were lying at low level area.
(3.) IT may be mentioned that in view of Section 3(2) of the Act, banjar land is not included in consolidation area. However, under Section 9 -A(2), of the Act, Assistant Consolidation Officer has been authorized to allot such land in the chak of a tenure holder or use it for the purposes of carving out sector road, chak road or chak nali, after determination of its valuation in exceptional circumstances. Initially Consolidation Committee did not demand for reserving the land in dispute as khalihan at the time of preparation of Statement of Principles under Section 8 -A nor any tenure holder of the village filed any objection under Section 9 of the Act, in this respect. After finalization of consolidation operation, this objection was filed.;