- (1.) R. H. Zaidi, J. Present batch of writ petitions arises out of proceedings under Section 9 of U. P. Consolidation of Hold ings Act, for short 'the Act' and is directed against the orders passed by the respon dent No. 1 to 3, dated 5. 9. 84,14. 1. 1988 and 4. 5. 1988. Petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the said orders.
(2.) SINCE all these petitions are directed against the common orders, the questions of law and fact involved in these cases are also common, they were, there fore, heard together and are being dis posed of by this common judgment. The dispute relates to 128. 26 acres of land situated in village Sherpur, District Shahjahanpur, hereinafter referred to as the land in dispute. In the basic year the land in dispute was recorded in the name of contesting respondents. Some of the plots were recorded as 'gram Sabha' and as 'ceiling' land in the revenue papers. 63 objections were filed by the petitioners before the Assistant Consolidation officer claiming that the land in dispute was the land of Forest Department. The entries of the names of contesting respondents were illegal and they were liable to be expunged. The objections filed by the petitioner in all the cases were common. Only the opposite parties in the said objections were. dif ferent; The objection filed against Sri Kulbant Singh and others (Annexure-4) is reproduced below:- "objection on Behalf of Forest Depart ment 1. That the land in dispute is the property of the forest department it vested in the State Government (Forest Department) vide. Notification No. 617/xiv-5 dated 11. 11. 1952 under Section 117of the U. P. Z. A. and L. R. Act. 2. That notification under Section 4 of the Indian Forest Act constituting the land in dis pute as reserved forest as published in the U. P. Gazette vide Notification No. 569/xiv 43-54 dated 16. 3. 1954 and the proceedings of Section 6 of Indian Forest Act were also taken by the Forest Settlement Officer. 3. That the land in dispute has been declared reserved Forest under Section 20 of Indian Forest Act and has been published in U. P. Gazette vide Notification No. 2688/xtv-8-508-64 dated 21. 8. 1985, That no right can legally by occurred to any person on State Forest Land. The entries in the Forest of the opposite parties are illegally and liable to be expunged.
(3.) THAT the applicant came to know about the wrong entries recently and the delay in filing the objection may kindly be condoned under Section 5 of Indian Limitation Act and the ob jection be treated within time. It is, therefore, prayed that the wrong entries in the name of parties may kindly be expunged and the land dispute be recorded in the name of State Government (Forest Deptt.)" 4. The contesting respondents on the receipt of the notices from the Consolida tion Officer filed their written statements pleading that the objections filed by the petitioners were totally baseless, the ob jectors were in cultivatory possession of-the land in dispute since before the Zamindari Abolition in the State. The land in dispute was given to them on pattas ex ecuted in 1950, by the erstwhile Zamindar Smt. Anjum Begum. Some of the objectors claimed that the land in dispute was pur chased by them through registered sate deeds from the Zamindars and other persons and since then they have been cul- civating the land and their names were recorded by the orders of the competent revenue authorities on the land in dispute, which was part of their holdings, therefore, there was no question of land being of the Forest Department. It was also pleaded that the contesting respondents had ab solutely no knowledge or notice of the notifications alleged to have been issued under Sections 4 and 20 of the Forest Act, and under Section 117 of U. P. Z,. A. and L. R. Act. 5. The parties produced evidence in support of their cases before the Con solidation Officer, oral and documentary. In support of the case of the petitioner, one 'ban Daroga' Shri Nusratullah Beg was examined as witness and notifications dated 11. 10. 1952, 16/27. 3. 1954 and 21. 8. 1965 were produced. A copy of proposed correction of notification dated 24. 5. 1967 was also produced by the petitioner. On behalf of the contesting respon dents, copies of Khatauni for the years 1359,1360,1361 and 1363 Fasli, Khasra for the year 1359 Fasli, patta dated 20. 6. 1950 executed in their favour by Smt. Anjum Begum the erstwhile Zamindar were produced, besides the other documents. The contesting respondents also examined a number of witnesses in support of their cases.;