Sibghat Ullah Khan, J. - (1.) Petitioner filed a suit claiming that he was Bhoomidhar of the land in dispute. His further case was that his father had been allotted Assam patta and thereafter bhoomidhari sanad was granted to him. The suit filed by the petitioner was registered as case no. 08 of 2008 Allah Rakkha v. State of U.P. and another. S.D.O. Najibabad, District Bijnore held that property in dispute having a total area of about 2 hectares was entered in the revenue record as pond and in the year 1957 suit for eviction filed by the Gaon Sabha against petitioner's father treating him to be assam under Section 202 Uttar Pradesh Zamindari Abolition and Land Reforms (U.P.Z.A.L.R.) Act was decreed. Accordingly, the suit filed by the petitioner was dismissed, first appeal was dismissed and second appeal being appeal no.4 of 2008-09 was also dismissed by Board of Revenue on 1.10.2009 hence this writ petition.
(2.) Total area of the pond is 1.493 hectares and is entered in the revenue record as pond. It is also mentioned in the impugned judgment that even during consolidation petitioner had not raised any objection hence case was barred under Section 49 of Uttar Pradesh Consolidation of Holdings (U.P.C.H.) Act.
(3.) I do not find least error in the impugned orders. No one can acquire bhomidhari right over a pond. Order of eviction had also been passed against petitioner's father. Even if it is assumed that Bhoomidhari sanad was granted in the year 1956-57 in favour of petitioner's father, it was utterly void as no one can become bhoomidhar of a pond which belongs to gaon sabha.;