RAM SURAT RAM (MAURYA), J. - (1.) Heard Sri Abhishek Pandey, for the petitioners, Standing Counsel, for State of U.P. and Sri Rajesh Yadav, for the respondent -5.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 22.11.2004, Settlement Officer Consolidation dated 27.02.2009 and Deputy Director of Consolidation dated 22.06.2015 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) The dispute between the parties is in respect of basic consolidation year khata 42 (consisting plots 86, 87, 89, 92, 134, 135, 153 and 178) of village Fatehpur, majra Jhabiran, khata 106 (consisting plots 74, 75, 180, 181, 182, 183, 184, 853, 925, 1239, 1241, 1245, 1254, 1260, 1350, 1351, 1352, 1353, 1354, 1355, 1356 and 1357) and khata 106 -A (consisting plots 21, 207, 525, 539, 541, 825, 905, 906, 910, 1253 and 1266) of village Jhabiran, tahsil Deoband, district Saharanpur. In basic consolidation year, khata 42 was recorded in the names of Sakhawat and Mungesuddin and Khatas 106 and 106 -A were recorded in the names of Mungesuddin (now represented by the petitioners). Gram Panchayat (respondent -5) filed objections under Section 9 of the Act, for deleting names of Sakhawat and Mungesuddin from khatas in dispute and recording its names over it. It has been stated by Gram Panchayat that land in dispute were public utility land and of the categories of land mentioned under Section 132 of U.P. Act No. 1 of 1951. No right can accrue to any one over it. Sakhawat and Mungesuddin got their names recorded over it on the basis of collusive decree dated 31.05.1978 passed in O.S. No. 95 of 1976. The petitioners contested the objections and stated that land in dispute were in possession of their ancestors since before date of vesting and they had acquired bhumidhari right over it. There right has been upheld by Civil Court in O.S. No. 95 of 1978 by judgment dated 31.05.1978. On its basis Naib Tahsildar by order dated 25.07.1978 passed in Case Nos. 241 and 257, directed for recording their names. Gram Panchayat filed O.S. No. 28 of 1983, for cancellation of decree dated 31.05.1978, which was dismissed by judgment dated 06.09.1989. These judgments operate as res -judicata between the parties. There were other objections also but those are not relevant for this writ petition.;