AJIT KUMAR,J. - (1.) Heard Sri B.N. Upadhyaa, learned counsel for the petitioner, learned Standing and Sri Diwarkar Singh, learned counsel appearing for Gaon Sabha.
(2.) The facts of the case are that the petitioner was given lease of agricultural land under Government Policy offering lease of land for promotion of sterilization. The lease was granted on 12.1.1973 by Gaon Sabha in favour of the petitioner and the petitioner came in possession thereof immediately. The lease dated 12.1.973 executed by Gaon Sbha has not been disputed. However, when the village got notified under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953), the petitioner filed an objection to mutate the name in the revenue records in pursuance of the lease dated 12th January, 1973, which was granted to him and prayed that the name of the Gaon Sabha over the land in question may be struck off. The Consolidation Officer held that lease could not have been granted in the first instance; because the petitioner was not landless person; and secondly, the land was a public utility land being used as passage/road. Thus objection of the petitioner was rejected and against that, petitioner preferred an appeal before Settlement Officer Consolidation raising specific plea that Consolidation Officer could not have entered into question if validity of lease as separate procedure was providing for cancellation of the same under Section 198 of U.P.Z.A and L.R. Act. However, Settlement Officer Consolidation too dismissed the appeal and petitioner then preferred revision before Deputy Director of Consolidation.
(3.) Besides the plea of jurisdiction, it was pleaded that it was not a case of fraud or forgery, therefore Consolidation Authority were not competent enough to look into those documents from which title was derived and which were not forged or void documents. However, revision filed before the Deputy Director, Consolidation met the same fate revision too came to be dismissed and hence the present writ petition before this Court.;