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HASAN RAZA & OTHERS versus D.D.C. & OTHERS

High Court of Judicature at Allahabad

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Hasan Raza & others v. D.D.C. & others - WRIT - B No. 1772 of 1974 [2006] RD-AH 6735 (28 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 1772 of 1974

Hasan Raja & Others

Versus

Deputy Director of Consolidation and Others

Hon'ble Krishna Murari, J.

Heard Sri S. C. Verma learned counsel appearing for the petitioner and Sri Tripathi B. G. Bhai for contesting respondent no. 2 to 4.

The dispute relates to plot no. 993 situate in village Gajehra, Tahsil Bansi, District Basti. In the basic year the said plot was recorded in the name of the petitioners. An objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act (for short the Act) was filed on the ground that they have perfected their rights as sirdar on the basis of long possession and the name of the petitioners is wrongly recorded and is liable to be expunged. The claim was contested by the petitioners on the ground that they were in possession of the land in dispute since the time of their ancestor and their father became Adhivasi and thereafter sidar. It was further pleaded that the father of the petitioners was declared Adhivasi under the provisions of the U.P. Z. A. & L. R. Act and the compensation was received by respondents no. 2 to 4 and since no objection was filed by them under Section 240(G) of the U.P. Z. A. & L. R. Act their claim of Sirdari is barred.

It is undisputed that the father of the petitioners had filed suit under Section 229 read with Section 234-A of the U.P. Z. A. & L. R. Act against the father of the contesting respondents no. 2 to 4 in the Court of Judicial Officer, Basti seeking declaration that he was Adhivasi in possession of the land in dispute. The suit was contested by the father of the contesting respondents that he was sir holder from before the Zamindari Abolition and after the date of vesting he has become Bhumidhar. The suit was dismissed on 18.4.1955 which was challenged in appeal. The Additional Commissioner, Gorakhpur vide judgement dated 21.7.1955 allowed the appeal and remanded the case back to trial for return of the plaint for presentation before the proper Court. After remand the plaint was returned to the father of the petitioners. He, however, did not pursue the matter any further.

On an analysis of the evidence on record the Consolidation Officer found that in 1359 F, the father of the petitioners was recorded as Asami. He claimed to be declared as Adhivasi and  the contesting respondents received compensation. No objection was filed by them under Section 240(G) of U.P. Z. A. & L.R. Act as such their claim for sirdari stands barred. In so far as entry of possession of the respondents in the Khasra of 1363 F to 1373 F, the Consolidation Officer found that entry of possession was not made in accordance with prescribed procedure inasmuch as the entries were never verified by the Supervisor Quanungo nor any P. A. 10 was ever prepared and issued. The same findings have been confirmed by the Settlement Officer Consolidation in appeal filed by the contesting respondents.  The Deputy Director of Consolidation placing reliance upon the judgement dated 18.4.1955 dismissed the suit filed by the father of the petitioners claiming declaration as Adhivasi and held that since the petitioners were not declared to be Adhivasi they could not be declared Sirdar and the proceedings awarding compensation were irregular. He also placed reliance on the Khasra entries and held that the father of the contesting respondents and thereafter the contesting respondents are in possession since before Zamindari Abolition.

The Deputy Director of Consolidation wrongly placed reliance upon the decree dated 18.4.1955. The said decree dismissing the suit filed by the father of the petitioners seeking declaration as Adhivasi  was set aside by the Additional Commissioner in appeal. Once the said decree was set aside, the Deputy Director of Consolidation committed an error in relying upon the same and holding that compensation proceedings were irregular.

There has been no denial on the part of the contesting respondents that they did not receive the compensation. There is also no dispute about the fact that the contesting respondents had never filed any objection under Section 240 (G) of the U.P. Z. A. & L. R. Act.  Having accepted the compensation the rights stood extinguished. In so far as Khasra entry of possession is concerned, the Deputy Director of Consolidation ignoring the statement of Registrar Quanungo that they were made without verification of supervisor Quanungo and no P. A. 10 was issued illegally placed reliance on the same.

There is another aspect of the matter, which has been illegally ignored by the Deputy Director of Consolidation. The Consolidation Officer found that the father of the contesting respondents is recorded as sir holder in 1359 F. The defence set up by him in the suit for declaration was also that he was Sir holder of the disputed land from before the Zamindari Abolition and after the date of vesting has become  Bhumindar. However, in consolidation proceedings the contesting respondents claimed sirdari rights on the basis of adverse possession. The two plea set up by them are totally self-contradictory. Once they claimed to be sir holder and thereafter Bhumidhar they can not claim to have acquired Sidari rights by adverse possession.

In view of the aforesaid discussion, the impugned judgement of the Deputy Director of Consolidation dated 18.1.1974 cannot be sustained and is hereby quashed.

The writ petition stands allowed.

However, in the facts and circumstances of the case, there shall be no order as to costs.

Dt.28.3.2006


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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