B.L. Yadav, J. - (1.) This petition Under Article 226 of the Constitution of India is directed against the orders passed by the consolidation authorities in proceedings Under Sec. 9A(2) of the U.P. Consolidation of Holdings Act (for short the Act).
(2.) In the basic year plot No. 161/2 area 2 bight 2 biswa was recorded as bhumidhari in the name of the Petitioners An objection Under Sec. 9A(2) of the Act was filed by Harish Chandra, Pradhan, Gram Sabha, jasra and one Ram Kishore and a number of other persons of the village stating that the land in dispute was a tank, which was used in connection with agriculture. The cattle of the village used to drink water in it. It was used for taking out mud for constructing cattle shed and for similar other connected purposes it has vested in the Gaon Sabha and was not cultivable on the spot nor was it the bhumidhari of the Petitioners. It was prayed that the entry of bhumidhar in favour of the Petitioners may be expunged and the land in dispute may be entered as a tank of the Gaon Sabha, Jasra.
(3.) The Petitioners contested the claim of the Gaon Sabha, Jasra and other villagers and alleged that they have purchased plot No. 161/2 by a sale deed dated 20.07.l950 along with a number of other plots for a sum of Rs. 10,000/ - from one Kanhaiya Lai Bhargava etc. and became bhumidhar and the basic year entry was correct.;