Vikram Nath, J. - (1.) This petition under Article 226 of the Constitution has been filed by Mahesh Singh and Rajbali Singh, since dead now substituted by their heirs praying for writ in the nature of certiorari quashing the following six orders:- (i) Order dated 01.05.1978 passed by Joint Director of Consolidation, Faizabad in Revision No.1197, under Section 48 of the U.P. Consolidation of Holdings Act, 1953, between Hubraj Singh Vs. Ram Avadh Singh (Annexure-4). (ii) Order dated 05.06.1969 passed by the Assistant Settlement Officer Consolidation, Faizabad (Tanda) in Appeal No.12194, under Section 11(1) of the U.P. Consolidation of Holdings Act, 1953 between Ram Avadh Singh Vs. Mahesh Singh (Annexure-5). (iii) Order dated 13th May, 1980 passed by the Joint Director of Consolidation, Faizabad in Revision No.1246, Under Section-48 of the U.P. Consolidation of Holdings Act, 1953 between Rajbali Singh and others Vs. Ram Avadh Singh and others (Annexure-6). (iv) Order dated 28.10.1978 passed by Consolidation Officer (Tanda), District- Faizabad in Case No.86 between Mahesh Singh and others Vs. Ram Avadh Singh and others (Annexure-8). (v) Order dated 13.05.1980 passed by Joint Director of Consolidation, Faizabad passed in Revision No.834, under Section 48 U.P. Consolidation of Holdings Act, 1953 between Mahesh Singh Vs. Ram Avadh Singh (Annexure-9). (vi) Order dated 13th May, 1980 passed by Joint Director of Consolidation passed in Restoration Application arising out of Revision No.1197, under Section 48(3), U.P. Consolidation of Holdings Act, 1953 between Mahesh Singh and Hubraj Singh (Annexure-10).
(2.) The facts giving rise to this petition are as follows:- Dispute relates to Khata no.40 and 56 situate in Village- Amia Bawanpur and Tehsil- Tanda, District- Faizabad. In the basic year records the plots comprising of the aforesaid two Khatas were recorded in the name of Ram Avadh Singh son of Raghubir Singh (respondent no.5). One Hubraj Singh son of Ram Avadh Singh filed objections under Section 9(A)(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the CH Act) claiming that he be declared as Bhoomidhar in possession of the disputed land being in adverse possession of the same to the knowledge of the recorded tenure holder. It was further prayed that the name of respondent No.5 (Ram Avadh Singh) be scored out and in his place his name (Hubraj Singh) may be recorded. The said objections were registered as Case No.1484 before the Consolidation Officer, Tanda, Faizabad. Both parties led evidence, thereafter the Consolidation Officer, Tanda, Faizabad by order dated 31.05.1976 (Annexure-1 to the petition) rejected the objections and further directed for scoring out the entry of Class-9 recorded in favour of the Objector and to maintain the entries as recorded in the basic year. Against the said order of the Consolidation Officer, respondent No.6 (Hubraj Singh) preferred an appeal under Section 11(1) of the CH Act before the Settlement Officer (Consolidation), Faizabad which was registered as Appeal No.10473. The Assistant Settlement Officer, Consolidation, Faizabad vide order dated 25th August, 1976 (Annexure-2 to the petition) concurred with the order passed by the Consolidation Officer and accordingly dismissed the appeal. Revision was filed by Hubraj Singh before the Joint Director of Consolidation, Faizabad registered as Revision No.1197. Both the parties filed a compromise application and based on the said compromise the Joint Director of Consolidation, Faizabad by order dated 01.05.1978 (Annexure-4 to the petition) after allowing the revision in terms of the compromise, set aside the orders passed by the Consolidation Officer dated 31.05.1976 and the Settlement Officer (Consolidation) dated 25.08.1976 and further directed for recording of the name of Hubraj Singh after scoring out the name of Ram Avadh Singh in the records.
(3.) In the meantime, the petitioners Mahesh Singh and Rajbali Singh moved an application dated 8th October, 1977 under Section 12 of the CH Act praying for mutating their names in place of respondent no.5 (Ram Avadh Singh) on the basis of a registered sale deed dated 19th June, 1968. The Assistant Consolidation Officer by order dated 16.11.1977 (Annexure-3 to the petition) allowed the Mutation Application on the basis of a compromise said to have been filed by the parties and directed for recording the names of the petitioners in place of respondent no.5 (Ram Avadh Singh).;