R.P.Singh - (1.) BY means of this writ petition, the petitioners challenged the order passed by the Asstt. Settlement Officer (Consolidation) dated 31-12- 1974 and the order passed by the Deputy Director of Consolidation dated 24-9-1975.
(2.) THE dispute between the parties is in respect of plots in Khata nos. 4 kha and 5. Brief facts of the case are that in the basic year the name of the respondent no. 4 was recorded over the plots in khata no. 4 kha and that of respondents no. 5 to 8 in khata no. 5, against which an objection was filed by the petitioners on the ground that Chandrika Singh, respondent no. 4 was formerly their servant and he wrongly got his name entered over the plots in dispute and subsequently transferred the plot of khata no. 5 in favour of respondents 5 to 8. It was further stated that though the compromise decree was passed on 13-1-1985 in suit no. 41 filed by Chandrika Singh against the petitioners but the said decree was fraudulent and never acted upon and that the names of the contetsing respondents may be expunged and that of the petitioners be recorded as Bhumidhars thereof. The ob ection filed by the petitioners was contested by the respondents nos. 4 to 8 on the ground that they are in possession over the plots in dispute as Bhumidhars and that Chandrika Singh, respondent no. 4 had filed a suit no. 41 under Section 229-B of the U. P. Zamindari Abolitition & Land Reforms Act for a declaration that he was an Adhivasi of the land in suit and in that suit compromise was arrived at between Chandrika Singh and the petitioners, on the basis of which the suit was decreed in favour of Chandrika Singh and that the compromise decree is binding on the parties and now the petitioners are estopped from challenging the decree passed in suit no. 41. It was further argued on behalf of respondents that another suit no. 635 was also filed by Chandrika Singh under section 229-B of the U.P. Zamindari Abolition & Land Reforms Act in respect of four plots, which were not covered by the earlier suit no. 41 which was decreed in the year 1955 and since this suit no. 635 filed by Chandrika Singh under Section 229-B of the U. P. Zamindari Abolition & Land Reforms Act was also decreed and hence, on the basis of the decree passed by the competent court, the respondents are rightly recorded as Bhumidhars thereof and the claim of the petitioners is liable to be rejected. The Consolidation Officer vide his order dated 15-4-1974 allowed the objection of the petitioners in respect of plots nos. 232, 395, 427, 378, 1121 and 1266 ordering the name of Chandrika Singh to be expunged therefrom and instead ordered the names of the petitioners be recorded as Bhumidhars thereof. The Consolidation Officer, however, dismissed the objection of the petitioners in respect of plots nos. 941, 1143, 938, 1001 and 437.
(3.) BEING aggrieved by the order passed by the Consolidation Officer, both the parties went up in appeal before the Asstt. Settlement Officer (Consolidation), who vide his order dated 31-12-1974 allowed the appeal filed by the contesting respondents while dismissed the appeal filed by the petitioners, ordering the names of the contesting respondents be recorded over the plots in dispute against which the petitioners went up in revision before the Deputy Director of Consolidation, who also dismissed the revision vide his order dated 24-9-1975 upholding the order passed by the Asstt. Settlement Officer (Consolidation). Feeling aggrieved, the petitioners have filed the present writ petition.;