- (1.) S. N. Srivastava, J. This writ petition is directed against the order dated 1-12-2005, passed by Deputy Director of Consolidation, Agra by which the orders passed by the Consolidation Officer as well as Settlement Officer, Consolidation were reversed and Basic year entry in the name of Contesting Opp. Parties were directed to be maintained.
(2.) HEARD learned Counsel for petitioners and learned Standing Counsel. Learned Counsel for petitioners urged that the order passed by the Deputy Director of Consolidation is vitiated in law and is liable to be quashed. He further urged that petitioners perfected title of land in dispute being in possession otherwise in accordance with law and order of Consolidation Officer as well as Settlement Officer, Consolidation declaring petitioners as Bhumidhars with non-transferable rights by virtue of being in possession for more than thirty years was passed in accordance with law. The order of Deputy Director of Consolidation reversing orders of Consolidation Officer as well as Settlement Officer, Consolidation is wholly untenable in law. He also urged that the reasons given by Deputy Director of Consolidation are unsustainable in law. Considered arguments of learned Counsel for petitioners and also carefully gone through the materials on record.
(3.) THIS Court is satisfied that the order passed by Deputy Director of Consolidation does not suffer from any error of law apparent on the face of record and the findings of the Deputy Director of Consolidation were rightly recorded in accordance with law on the basis of appraisal of evidence on record. Petitioners cannot perfect any title on the basis of entries relied upon by them. In the Basic year, the land in dispute was recorded in the name of Koka, widow of Muli, Antram and Hari Babu, both sons of Charanji. Koka was widow and Hari Babu and Antram were minors. Petitioners filed an objection claiming that they are in possession of land in dispute for more than thirty years and being so they have perfected title by operation of law under the U. P. Zamindari Abolition and Land Reforms Act. Consolidation Officer and Settlement Officer, Consolidation allowed objection of petitioners. Revision preferred by Contesting Opp. Parties was allowed by Deputy Director of Consolidation after considering facts and circumstances borne out from the record Revisional Court found Koka was widow and the two sons Hari Babu and Antram were minors who rightly explained delay in filing Revision and the delay in filing Revision was rightly condoned in the facts and circumstances of the case as well as materials on record.;