RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Pradeep Kumar Rai, for the petitioners, Standing Counsel for State of UP and Sri Dhirender Singh, for the contesting respondents.
(2.) BY order dated 25.03.2014, Standing Counsel was directed to produce original records, which were before Settlement Officer Consolidation at the time of deciding the appeals. Original records were produced,on 15.04.2015, which was examined, in presence of the counsel for the parties. Although in the record, objection of the petitioners was found but the compromise and order of Assistant Consolidation Officer, found in it, was not in favour of the petitioners. On 15.04.2015, an inspection memo was prepared in this respect. Thereafter arguments were heard.
(3.) THE writ petition has been filed against the orders of Settlement Officer Consolidation dated 06.06.2006 allowing the appeal filed by Lallan and others and setting aside the order of Assistant Consolidation Officer dated 16.08.1978 passed in respect of khata 959 and order dated 27.08.1978 passed in respect of khata 44 of village Sultanpur Barahgawan, tahsil Madhuban, district Mau and Deputy Director of Consolidation dated 19.02.2015 dismissing the revision of the petitioners, against the aforesaid order. Khata 44 consisting plots 457 (area 610 kari) and 461 (area 580 kari). were recorded in the names of Janardan, Kedarnath and Ram Pyare, in basic consolidation year. At the time of partal, interse dispute in respect of the share, mutation etc., between the recorded tenure holders, was noted in CH Form -4 and referred to Assistant Consolidation Officer, which was decided in terms of compromise. Thereafter, revised consolidation record was prepared of the plots of aforesaid khata, which was recorded in khata 26 of CH Form 11, in the names of Sahabjade, Rampyare, Kedarnath sons of Sukh Narain, in which plots 457 (area 305 kari )and 461 (area 249 kari) was recorded. According to the contesting respondents, remaining area of these plots were recorded in the names of Lallan and others. It appears that later on, an amaldarmad was made of the alleged order of Assistant Consolidation Officer dated 27.08.1978 in basic consolidation year khata 44, referring it was incorporated over khata 32.;