Sunita Agarwal, J. - (1.) By means of the present petition, the petitioner is seeking for quashing of the orders dated 24.11.2017, 15.10.2007 and 08.06.2006 passed by the Consolidation authorities in a proceeding under Section 9-A(2) of U.P. Consolidation of Holdings Act. The petitioner claims his right with respect to the lands in Khata No.109, Gata No.76, 77 and 78 situated in village Gyaspur, Pargana and Tehsil Bisalpur, District Pilibhit. By means of the objections filed under Section 9-A (2) of the Act the petitioner sought declaration of his right with respect to the said lands after deletion of the entries of "River" (category-6) in the Basic year Khatauni.
(2.) The submission was that the name of the petitioner's predecessors were duly recorded as "Sirdar" in Khata no.26 of the lands in question of the year 1363 to 1365 fasli. Thereafter, the said entries were deleted and the lands in question was recorded in Category-6 (land covered by water) by an order passed by the Sub Divisional Officer, as the said land got submerged in the River, Deyoha.
(3.) However, with the passage of time, the river has changed its course and now the lands in question namely Gata no.76, 77 and 78 have been left aside. There is, thus, no impedement in giving tenurial rights and title to the petitioner as his predecessors were having perfect right and title to the lands.;