S.U. Khan, J. - (1.) Gaon Sabha respondent No.2 the only contesting respondent did not file any counter affidavit in this writ petition. At the time of arguments also no one appeared on behalf of respondent No.2 and only the argument of learned counsel for the petitioners were heard.
(2.) Land involved in this writ petition is about 38 acres. Along with the writ petition only the copy of judgment of D.D.C dated 25.5.1984 has been annexed. No other judgment has been annexed along with the writ petition. Agricultural land in dispute is comprised in plot No. 1986/1. In the basic year the said plot was entered in the names of petitioner Shahji and others. Similar was the position at the time of Zamindari Abolition i.e. 1359 fasli. Names of petitioner and others were recorded in the Khatauni of 1359 fasli on the basis of a Patta granted by Lumberdar on 15.9.1950 (Lumberdar means a co-sharer appointed to represent other co-sharers by virtue of Section 4(3) of U.P.Z.A.L.R Act). In consolidation proceedings Gaon Sabha contested the case to the effect that Patta granted to the petitioner was hit by section 245 and 246 U.P Tenancy Act 1939 hence no benefit could accrue to the petitioner on the basis of revenue entries of 1359 fasli which in turn were based upon Patta of 15.9.1950. The matter earlier came to this court twice in the form of writ petitions and on both the occasions matter was remanded. After second remand D.D.C Agra Camp Mathura dismissed the revision of the petitioner (revision No. 34/45 Shahji v. Gaon Sabha and others under section 48 (1) U.P C.H. Act) through judgment and order dated 25.5.1984. The said judgment is under challenge through this writ petition. In the earlier judgment of this court it appears that the D.D.C was directed to consider the effect of Rule 177-A of U.P.Z.A.L.R Act, which provides as under: "All persons recorded in Khatauni 1359 fasli as occupiers of land other than land mentioned in section 212 when there is no one already recorded in column 5 of the Khasra who have not acquired the right of the Sirdar in accordance with section 16 read with section 19 of the Act shall be deemed to be the Sirdars unless the land belongs to any of the clause mentioned in section 132."
(3.) In the instant case all the ingredients of Rule 177-A are available. Petitioners were recorded as occupants in Khatauni of 1359 fasli.;