Ram Surat Ram (Maurya), J. - (1.) Heard Sri Nitin Kumar Mishra, for the petitioners and Sri Pradeen Chandola along with Sri Shashank Shekher, for the contesting respondents. Rejoinder affidavit filed today, is taken on record. This writ petition has been filed against the orders of Settlement Officer Consolidation dated 21.7.2000 and Joint Director of Consolidation dated 26.5.2005, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute relates to plot 784/4 (area 5 -14 -4 bigha) (new plot 1258 area 1.444 hectare) of village Suniyawan, pargana Bihar, district Pratapgarh. In basic consolidation year, land in dispute was recorded in the names of Babu Lal son of Jagan, Sukhdeo son of Dudh Nath (respondent -2), Mahadeo son of Binda, Nanhkau son of Mahabeer (respondent -4), Mata Badal son of Janki (respondent -5), Bhagauti son of Kamasi (respondent -6). Disputed land was grove holdings and chak out. Final consolidation record was prepared in the names of aforesaid persons. After consolidation, new number 1258 has been allotted. In khata -201 of CH Form -45, containing plot 1258, an amaldaramad dated 20.7.1996 was incorporated by which name Mahadeo son of Bachcha (now represented by the petitioners) was recorded, deleting the names of recorded tenure holders by the order of Consolidation Officer dated 9.7.1992 passed in Case No. 976 under Rule 109 -A of the Rules, 1954, by which alleged order of Consolidation Officer dated 7.10.1977 passed in Case No. 16371, under Sec. 9 -A of the Act Mahadeo v/s. Babu Lal, was given effect to.
(3.) Sukhdeo and others (respondents -2 to 6) filed an appeal (registered as Appeal No. 5433) from the aforesaid order. Settlement Officer Consolidation by order dated 21.7.2000 held that a perusal of record proved that in Bundle No. 221, case registered at Serial No. 61 was rubbed out and on its place Case No. 16371 Mahadeo v/s. Babu Lal was written. Although Cases No. 16371 and 16372 were in the names of State v/s. Jumman and others and registered in Bundle No. 229, of the village. From which it was proved that Case No. 16371 was not titled as Mahadeo v/s. Babu Lal. Certified copy of order dated 7.10.1977, passed in Case No. 16371, filed in Case No. 976, decided on 9.7.1992 was issued on 16.9.1999 by Assistant Consolidation Officer Bihar, which ought to be issued by Consolidation Officer Bihar. This certified copy contains seal of Assistant Settlement Officer Consolidation Pratapgarh, from which it was proved that it was a forged paper. The petitioners filed a suit (registered as Suit No. 151/94/50/103/136 of 1966), under Sec. 176 of U.P. Act No. 1 of 1951, in which preliminary decree was passed on 20.9.1966. The petitioners filed an appeal from the aforesaid decree on 20.5.1996, which was dismissed on 17.7.1996. Although alleged amaldaramad was made on 20.7.1996 but in the appeal, there was no mention of the order of Consolidation Officer dated 7.10.1977 passed in Case No. 16371, which proved that there was no such case nor any order was passed in it. On these findings the appeal was allowed and order dated 9.7.1992 was set aside holding that order dated 7.10.1977 was forged and fabricated order.;