- (1.) 1. This reference arises out of cznsolidation proceedings. The consolidation authorities held that the fifth respondent Hasan Raza was the Adhiyasi of the land in dispute, being in possession of the same in the years 1356F and 1359F. The main question that arises for consideration in this case is whether it was open to the consolidation authorities to go into the question as to whether Hasan Raza was the Adhivasi or the Sirdar of the land in dispute once a compensation statement had been prepared under Section 240-D and had become final under Section 240J of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act), in which the petitioner, Maqbul Raza had been shown as the "Adhivasi".
(2.) THE submission of the petitioner is that in view of the provisions contained in Chapter IX-A of the Act once a compensation statement becomes final, the entry in it showing a particular person as "Adhivasi" is conclusive. The case was referred to a larger Bench because It was thought that there was a conflict of authority in this Court inasmuch as the view taken in Misc. Writ No. 1193 of 1966 Smt. Ashghari Begum v. Deputy Director of Consolidation, D.00 3-5-1966 (All) differed from the one expressed in Smt. Basari Wali v. Board of Revenue, 1966 All LJ 771. Jagdamba Prasad Misra v. Rafi-uddin, 1967 All LJ 308 to which one of us (Jagdish Sahai, J.) was a party is another decision of this Court relevant for our purposes. The view taken in this decision is that the entry of the name of a person in the compensation statement is not conclusive and his right to be treated as an Adhivasi or Sirdar of the land in respect of which compensation statement is prepared can be enquired into in a competent court in a subsequent or collateral proceeding.
(3.) THE provisions of Chapter IX- A were introduced in the Act in 1954 by Act 20 of 1954. The act as originally framed did not contain any provision for the acquisition of the rights of a landlord over plots which were held by an Adhivasi. It was confined only to the acquisition of proprietary rights of an intermediary or a land holder.;