Ram Surat Ram (Maurya), J. - (1.) Heard Sri Pradeep Kumar Rai, for the petitioner and Standing Counsel, for State of U.P. and Sri Rajesh Yadav, Standing Counsel for Gram Panchayat. Supplementary Affidavit filed today is taken on record. The writ petition has been filed for quashing the orders of Settlement Officer Consolidation dated 24.7.2013 and Deputy Director of Consolidation dated 30.4.2015, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) Phul Singh alias Phulla son of Rayla, father of the petitioner filed a time barred objection (registered as Case No. 3559) under Sec. 9 -A of the Act, for recording his name as "bhumidhar with non -transferable right" over plot 1230 (area 2 -5 -0 bigha) of village Nanauta, pargana Rampur, district Saharanpur. It has been stated by him that the land in dispute was gaon sabha land and recorded as kallar. He had been in possession over the land in dispute since before 30.6.1985. He was agricultural labour belonging to Schedule caste and did not have more than 3.125 acre land. On the basis of possession, he acquired "bhumidhar with non -transferable right" under Sec. 122 -B(4 -F) of U.P. Act No. 1 of 1951. Consolidation Officer tried the case. The petitioner examined himself, Rajendra, Lal Singh and Prem Singh, Pradhan to prove his possession over the land in dispute since before 30.6.1985 and filed caste certificate. Consolidation Officer, by order dated 17.12.1988, held that possession of Phul Singh since before 30.6.1985 was proved from oral evidence as such he had acquired "bhumidhar with non -transferable right" under Sec. 122 -B(4 -F) of U.P. Act No. 1 of 1951. On these findings the objection was allowed and name of Phul Singh was directed to be recorded over the land in dispute. Later on valuation of plot 1320 (area 2 -5 -0 bigha) was allotted to the petitioner in his chak 692 on plot 1229 along with his other holding plot 1229/8. It is stated that chaks of the village were confirmed and notification under Sec. 24 of the Act was issued on 29.9.2005.
(3.) At the time of preparation of final consolidation record, Assistant Consolidation Officer found that total area of plot 1230 was 10 -17 -0 bigha. Land Management Committee through its resolution dated 19.6.1984 allotted an area of 10 -10 -0 bigha of plot 1230 to landless persons and thereafter, through resolution dated 23.11.1988 again allotted an area of 7 -9 -0 bigha of plot 1230. Apart from it, during consolidation, the names of various persons came to be recorded giving benefit of possession under Sec. 122 -B(4 -F) of U.P. Act No. 1 of 1951 over an area of 14 -10 -0 bigha. Thus total area of plot 1230 will become 32 -9 -0 bigha. When, he inspected the spot, he did not find possession of any persons, whose names were directed to be recorded by consolidation authorities giving benefits of Sec. 122 -B(4 -F) of U.P. Act No. 1 of 1951. On the basis of this report dated 12.6.2007, Settlement Officer Consolidation registered seven appeals under Sec. 11 of the Act, exercising powers under Sec. 11 -C of the Act and by order dated 24.7.2013, set aside all the orders of Consolidation Officer giving benefits of Sec. 122 -B(4 -F) of U.P. Act No. 1 of 1951 to the persons and directed for deleting their names from plot 1230.;