B.L. Yadav, J. - (1.) This petition Under Article 226 of the Constitution of India is directed against the order dated 24.01.1977 passed by the Deputy Director of Consolidation, Ballia in a revision Under Sec. 48 of the U.P. Consolidation of Holdings Act, and the order dated 28.12.63 passed by the Assistant Settlement Officer (Consolidation) in proceedings Under Sec. 9A(2) of the Act.
(2.) Plot Nos. 114/1, 115/1 and 116 etc. were in dispute. These plots were entered in the name of Rajendra Tewari, father of Respondent Nos. 3 and 4 as his sir Dari. The Petitioner filed an objection Under Sec. 9A(2) of the Act claiming bhumidhari rights, that these plots were mortgaged to the predecessor -in -interest of Respondent Nos. 5 to 10 and they have sub -let it to Rejoinder Tiwari, who was incorrectly entered as achieves and later on acquired siderite rights. Hence it was prayed that the entries in the name of Raiendra Tewari may be expunged and the name of the Petitioner may be entered as bhumidhar.
(3.) Respondent Nos. 3 and 4 contested the claim of the Petitioner alleging that their father was achieves and later on after the appointed date, acquired sir Dari rights after the enforcement of U.P. Act No. 20 of 1954. It was further alleged that in the proceedings Under Sec. 240(G) of the UP ZA and LR Act (for short the Act) the compensation roll was prepared in the name of the land holder, namely, the Petitioner and he did not file any objection after the notices were issued and published in his name and ZA Form 101, 110 and 112 etc. were prepared and compensation was paid. Hence the right of the land holder came to an end and the achieves became sirdar. It was prayed that the objection of the Petitioner is liable to be rejected and the basic years entries may continue.;