ABDUL WAHID KHAN HABIBULLAH KHAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION JAUNPUR

JUDGEMENT

(1.) THIS writ petition has come to us for decision on I reference made by N. U. Beg, C. J. and S. N. Dwivedi, J. By means of the writ petition it is prayed that the orders passed by the Settlement Officer, Consolidation dated 4-6-1960 and the one passed by the Deputy Director, Consolidation dated 2-11- 1960 be quashed. There is also a prayer for the issue of any other writ, order or direction as this Court may, in the circumstances of the case, deem it fit and proper to issue.

(2.) THE dispute between the parties relates to plot No. 1261/14 area 50 decimal, situate in village Shahpur, pergana Ungli, District Jaunpur. This village came under consolidation operations some time in the year 1956. Lautu, the respondent No. 4 to this petition made an application under Section 8(3) of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act). The Assistant Consolidation Officer passed an order on 8-10-1957 holding that Lautu was in possession over the plot in dispute for two years next preceding the date of the application.

(3.) THE Consolidation Officer dismissed the objection of Lautu, the respondent No. 4, holding that the petitioners were the sirdars of the land in dispute and that Lautu had no interest in it. Lautu filed an appeal against the order of the Consolidation Officer before the Settlement Officer Consolidation, Jaunpur. The Settlement Officer, Consolidation, by means of the order dated 4-6-1960 allowed the appeal and held that Lautu had become a sirdar by virtue of the provisions of Section 210 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the U. P. Z. A. and L. R. Act). In deciding as stated above, the Settlement Officer, Consolidation placed reliance on the order dated 8-10- 1957 passed by the Assistant Consolidation Officer under Section 8(3) of the Act to the effect that Lautu was in possession of the plot in dispute for two years next preceding the proceedings under Section 8(3) of the Act. The petitioners then filed a revision application before the Deputy Director Consolidation. The Deputy Director, by means of his judgment dated 2-11-1960, dismissed the revision application. This led to the filing of the instant writ petition by Abdul Wahid and others.