- (1.) Heard Sri V.D. Ojha, Advocate, for petitioners and Sri H.M. Srivastava, Advocate, for respondents.
(2.) This writ petition under Article 226 of Constitution has arisen from order dated 17.02.1975 (Annexure-3 to the writ petition) passed by Deputy Director of Consolidation, Pratapgarh (hereinafter referred to as "DDC").
(3.) The dispute relates to Plots No. 2528, 2529, 2509, 2527 and 2594 Khata No. 658 situate in village Paharpur, Pergana and Tehsil Sadar, District Pratapgarh. When consolidation proceedings commenced in the aforesaid Village, Ram Narain etc. i.e. the petitioners filed objection in regard to Plots no. 2527 and 2594 stating that respondent-1 Udit Narain and others have illegally taken possession of disputed land though for the last 13 years they were in possession and their names be recorded as Sirdar. Gaya Din and others claimed that since ancestors they are in possession. One Jukhra, wife of Ram Lautan gave in writing that Jag Jiwan etc. were in possession. Consolidation Officer (hereinafter referred to as "CO") formulated following four issues: JUDGEMENT_267_LAWS(ALL)7_2016.jpg ;