B.L. Yadav, J. - (1.) THE present petition Under Article 226 of the Constitution of India is directed against the orders dated 28 -9 -1974 and 26 -11 -1973 passed in the proceedings Under Section 9A(2) of the U.P. Consolidation of Holdings Act (for short the Act).
(2.) PUT very shortly the essential facts are these. The Petitioner was recorded as Bhumidhar over plots contained in Khata No. 27 in the basic year and as sirdar along with Amla Singh and Parman and over the plots in khata No. 216. The Respondent Nos. 4 and 5 (for short the contesting Respondents) filed an objection Under Section 9A(2) of the Act alleging that Jamuna Singh, the Petitioner, has died, in any case, he was not heard of for more than seven years by those who would have naturally heard of him. He has met his civil death. His name may be expunged and the names of the contesting Respondents may be entered in revenue papers as Sirdars/Bhumidhars. On behalf of the Petitioner his Mukhtar -e -Aam, Sudarshan Singh, filed an objection in reply to that of the contesting Respondents alleging that the Petitioner had gone to pilgrimage and was alive. He did not meet his civil death. The claim of the contesting Respondents was barred by the principles of resjudicata. The objections of the contesting Respondents were liable to be dismissed.
(3.) THE Consolidation Officer by his order dated 31 -5 -1973 decided the case in favour of the Petitioner and the same order was maintained partly in appeal by the contesting Respondents, while the revision filed by them has been allowed by the impugned order dated 28 -9 -1974 and the Petitioner's revision has been dismissed.;