Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Pradeep Kumar Rai, for the petitioners and Standing Counsel for State of U.P. and Sri Manoj Kumar Yadav, for respondent -4. The writ petition has been filed against the orders of Consolidation Officer dated 16.8.2010, Settlement Officer Consolidation dated 12.8.2011 and Deputy Director of Consolidation dated 22.10.2014 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) THE dispute relates to plot 2851 (area 0.190 hectare) of village Jalalabad, pargana Shadiabad, district Ghazipur. It is alleged by the petitioners that in basic consolidation records, plot 2851 (area 0.190 hectare) was recorded in the name of Ram Narain son of Marchhu along with other plots, which was recorded in his name in CH Form -11 and CH Form -23. Ram Kewal (petitioner -1) purchased plot Nos. 2851 (area 9 biswa) and 2852 (area 2 biswa) from Ram Narain through sale deed dated 23.5.2003 and his name was mutated by order of Assistant Consolidation Officer dated 28.6.2003. Rajdev (petitioner -2) purchased an area of 1 biswa 5 dhur of plot 2851 from Ram Narain and his name was mutated by order dated 10.7.2002. Tena (petitioner -3) purchased an area of 1 biswa of plot 2851 from Ram Narain and his name was mutated by order dated 30.9.2002. Indrawati (petitioner -4) purchased an area of 15 dhur of plot 2851 from Ram Narain and her name was mutated by order dated 30.4.2003. Thereafter, they raised pucca construction over it. On the basis of report of the Consolidator, Assistant Consolidation Officer registered Case No. 1787 under section 9 -A of the Act and forwarded it to Consolidation Officer for decision on 7.8.2010. The Consolidation Officer by ex -parte dated 16.8.2010 directed for deleting the names of the petitioners from the land in dispute, without issuing notice and without giving opportunity of hearing. On coming to know about this order, the petitioners filed an appeal (registered as Appeal No. 1766) along with delay condonation application from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, who by order dated 12.8.2001, dismissed the appeal, without considering any of the grounds raised in the appeal.
(3.) THE petitioners filed a revision (registered as Revision No. D20141429001040) from the aforesaid order. The revision was heard by Deputy Director of Consolidation, who by order dated 22.10.2014, held that the land in dispute was recorded as pokhari in previous consolidation record and also in basic consolidation record. No objection was filed by any one claiming any right over it as such right has become barred under section 11 -A of the Act. Otherwise also in view of judgment of Supreme Court in Hindi Lal Tiwari v. Kamla Devi : 2001 (92) RD 689 (SC), no right can be claimed by any person over talab land. On these findings he dismissed the revision. Hence this writ petition has been filed.;