MANOJ MISRA,J. - (1.) The dispute in the present petition relates to Plot No. 1695 having an area of 4 Bigha, 4 Biswa and 5 Biswansi. In the basic year, the said land was recorded as river.
(2.) Predecessor-in-interest of the petitioners, namely, Ravi Dutt, filed objection by claiming that in 1359 fasli, his father-Khacheru was recorded as an occupant and, thereafter, the land got submerged in the river and, subsequently, it re-emerged and therefore his name be recorded as per the Government Order dated 11th November, 1976 which provided that where the holding gets submerged in river, the interest of the tenure-holder is not extinguished. Instead, it revives the moment the land emerges from submersion.
(3.) The Consolidation Officer, by his order dated 29.07.1994, by placing reliance on 1359 fasli entry as also the Government Order dated 11th November, 1976, expunged the entry of river from the record and directed recording of the name of petitioners' father.;