Ram Surat Ram, J. - (1.) Heard Sri Azad Khan, for the petitioner and Sri I.D. Shukla, holding brief of Sri S.K. Mehrotra, for the contesting respondents. The writ petition has been filed against the order of Deputy Director of Consolidation dated 10.2.1981, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute between the parties is in respect of plot 1095 (area 4 -15 -0 bigha), 1154 (area 0 -9 -0 bigha), 1559 (area 4 -10 -0 bigha) and 1646 (area 5 -3 -0 bigha) of village Adampur Tindoli, pargana Akbarpur, district Faizabad. The land in dispute was recorded as banjar in basic consolidation year. There were several objections relating several plots including the land in dispute but now dispute is confined the aforementioned plots between Gaon Sabha and Tribhuwan Nath and others (respondents -2 to 4) (hereinafter referred to as the respondents). The respondents filed an objection for recording their names as bhumidhar of the land in dispute. On the objection, Assistant Consolidation Officer submitted his report that land in dispute was in the shape of groves, over which trees of 70 years to 100 years age were standing, covering the entire land. The respondents examined Tribhuwan Nath as witnesses, who had stated that his ancestor Ganesh Chaubey had planted trees with the permission of the then Zamindar. After planting grove, he filed a suit (registered as Suit No. 1170) for recording his name as grove holder, which was decreed by Assistant Collector, First class, on 23.7.1913. Due to inadvertence, the order was not incorporated in khatauni. The Consolidation Officer, by his order dated 26.2.1971 held that although the respondents have filed certified copy of the judgment dated 23.7.1913 but they could not adduce any evidence to prove their possession. On these findings, he dismissed the objection of the respondents.
(3.) The respondents filed an appeal (registered as Appeal No. 9951) from the aforesaid order. Three other appeals were also filed. All the appeals were consolidated and heard by Assistant Settlement Officer Consolidation, who by order dated 29.7.1971 affirmed the findings of Consolidation Officer and dismissed the appeal. The respondents filed a revision (registered as Revision No. 1195/1220) from the aforesaid order, which was heard by Deputy Director of Consolidation, along with three other revisions, who by his order dated 21.9.1971 partly allowed the revision of the respondents and directed for recording their names as bhumidhar of plots 1154 and 1559 and dismissed the revision in respect of plots 1095 and 1646. The respondents filed Writ Petition No. 69 of 1972 and the petitioner filed Writ Petition No. 153 of 1972, against order of Deputy Director of Consolidation. Both the writ petitions were consolidated and decided by order dated 27.11.1978. This Court held that Gaon Sabha had challenged genuineness of judgment of Assistant Collector dated 23.7.1913 but it was not dealt with by Deputy Director of Consolidation as such matter required fresh consideration. On this finding the writ petition of Gaon Sabha was allowed, order of Deputy Director of Consolidation was set aside and the matter was remanded for fresh decision.;