K.N. Misra, J. - (1.) This writ petition is directed against the order dated 13.01.1984 passed Under Sec. 5(1)(c)(i) of the U.P. Consolidation of Holdings Act, (for short 'the Act'), by the Settlement Officer Consolidation, Sultanpur permitting the opposite parties 2 to 8 to make bricks and construct house on plot No. 1351 area 7 biswas 10 biswansis, situate in village Pakarpur, Pargana Aldemau, Tahsil Kadipur, District Sultanpur which is contained in Annexure No. 2, and also against the order dated 27.11.1984 (contained in Annexure No. 7) passed by the Deputy Director of Consolidation, Sultanpur confirming the said order.
(2.) Briefly stated, the facts of the case are as follows: It has been averred in the writ petition, that the aforesaid plot No. 1351 area 11 biswas was recorded in the name of Ram Singh and others as Sirdars, who had allegedly applied before the Settlement Officer Consolidation Under Sec. 5(1)(c)(i) of the Act for permission to use the said plot for raising a house thereon. It has been averred that the said application was opposed by the Petitioner and Mahabir Singh opposite party No. 9 and it was ultimately rejected by the Settlement Officer Consolidation, but neither date of order has been mentioned nor any copy of the said order has been annexed to the writ petition. The Petitioner has, however, averred that since permission was refused to Ram Singh and others, and, as such, they had felt inimical to the Petitioner and had colluded with opposite parties 3 to 8, who had raised a dispute before the Asstt. Consolidation Officer by alleging that they had perfected Sudan rights under Sec. 210 of the U.P. Zamindari Abolition & Land Reforms Act over the aforesaid plot No. 1351 area 11 biswas. This objection was allowed by the Assistant Consolidation Officer on the basis of compromise between the objectors and the recorded tenure -holder Ram Singh and others. The Assistant Consolidation Officer had directed to record the names of opposite parties 3 to 8 as tenure -holders of plot No. 1351 area 11 biswas after expunging the names of Ram Singh and others, who were the recorded tenure -holders. Thereupon the opposite parties 3 to 8 had applied to the Settlement Officer Consolidation for grant of permission to use the said plot for making bricks and for constructing a house thereon. This application was filed on 09.01.1984. The Settlement Officer Consolidation allowed this application, vide order dated 13.01.1984 and permitted the opposite parties 3 to 8 to use plot No. 1351/M -area 7 biswas 10 biswansis for making bricks and constructing the house by observing that if the permission to use the said plot for aforesaid purposes is granted it is not likely to affect adversely the consolidation scheme and also there is no dispute about title with regard to the said land. The opposite parties 3 to 8 were allowed to use the land within one month for making bricks and constructing house thereon. Against this order the Petitioner and opposite party No. 9 had filed revision which was dismissed by the Deputy Director of Consolidation, vide order dated 27.11.1984. In his order the Deputy Director of Consolidation has mentioned that after due inquiry from members of the Consolidation Committee and from Pradhan of the Gaon Sabha and also after taking statement of Mahavir Singh, the Settlement Officer Consolidation had passed the aforesaid order by which he granted permission to opposite parties 3 to 8 for utilizing the said land for the aforesaid purpose.
(3.) During the course of arguments before the opposite party No. 1 it was asserted on behalf of revisionist that the said plot is situate in front of their house and it is liable to be reserved for extension of Abadi. In reply it appears to have been asserted on behalf of the opposite parties 3 to 8 that an area of 3 bighas 10 biswansis of plot No. 1351 has already been reserved for Abadi purposes, and as such, no question arises for the said plot to be reserved for Abadi purposes. It was further asserted on their behalf that they are tenure -holder of the said plot, and as such, permission deserved to be granted to them for utilizing the land of the aforesaid plot for the aforesaid purposes.;