Ram Bahal & Anr vs Deputy Director, Consolidation & Ors

In the consolidation proceedings, both the appellants and the respondents filed their objections. The appellants claimed their right over the land in question by virtue of their possession and entry in their favour in the revenue records. However, respondent Nos. 3 and 4 prayed for expunction of the names of the appellants who have been wrongly recorded. Oral and documentary evidence were filed before the Consolidation Officer in respect of respective cases. The Consolidation Officer, vide order dated 29.03.1974, allowed the petition filed by the respondent Nos. 3 and 4 herein and directed for expunction of the names of the present appellants which were shown to be in possession. Being aggrieved, the appellants preferred an appeal before the Settlement Officer, Consolidation. The Settlement Officer, Consolidation, vide order dated 15.12.1975, allowed the appeal and the appellants were permitted to be recorded as Seerdar over the land in dispute. Aggrieved by the order dated 15.12.1975, the respondents filed a revision before the Deputy Director, Consolidation. The Deputy Director of Consolidation, vide order dated 11.11.1976, allowed the revision and restored the judgment and order of the Consolidation Officer dated 29.03.1974. The order dated 11.11.1976, passed by the Deputy Director, Consolidation, as also the order of the Consolidation Officer dated 29.03.1974 were challenged by the present appellants before the High Court.

4) It was further claimed that the Deputy Director of Consolidation was not justified in reassessing the evidence and to give his own findings and at the most, he could have remanded the matter to the Consolidation Officer for giving fresh findings.

6) The High Court, after going through the evidence on record came to the finding that the Settlement Officer, Consolidation has referred to the arguments of the parties at quite length but so far as finding part is concerned, has given a clear finding, on the basis of the entries, in favour of Ram Adhar and thereafter his sons became Seerdar of the land in dispute but not the appellants as Seerdar. The High Court further held that there is no finding by the Settlement Officer, Consolidation that the entry in favour of the predecessors of the respondents is valid and correct and there is also finding about the rights of the respondents. The Consolidation Officer and the Deputy Director, Consolidation had given a finding that the predecessors of respondents were recorded as sub tenants and by virtue of the entry in their favour, they became Adhiwasi and Seerdar which has not been disturbed by the Settlement Officer, Consolidation. The High Court came to the conclusion that the finding in favour of the appellants appears to have been given by the Settlement Officer, Consolidation on the premise that inspite of decree in favour of the respondents under Section 229-B of the U.P. Zamindari Abolition & Land Reforms Act (in short ‘the Act’) possession was not taken from the appellants. By referring the order passed by the Deputy Director of Consolidation, the High Court came to the conclusion that the Deputy Director, Consolidation has not reappraised the evidence but it looked into the correctness and validity of the entries recorded in the Khatauni filed by the respective parties. He has referred to each and every entry and because there was over writing in some of the entries, the Khatauni containing over writings was discarded. The High Court, consequently, declined to interfere in the order passed by the Deputy Director, Consolidation and dismissed the writ petition.

9) The contesting respondents are claiming their right on the basis of entry of sub tenancy starting from 1358 Fasli which has been found to be wrong entry by the Settlement Officer, Consolidation and therefore not given due weightage. Learned senior counsel for the appellants submitted that in view of the above, the respondents had no right nor were in possession as they themselves filed a suit being No. 920 under Section 229- B of the Act whereby they claimed relief of possession from the appellants. The decree passed in the said suit stood abated in second appeal vide order dated 27.05.1974 as consolidation proceedings had started. This shows that the respondents were never in possession of the land and the entry coming for the first time in the 1358 Fasli was wrong entry and it was never established from any record as to how sub tenancy was created in favour of the respondents. The Settlement Officer, Consolidation, had therefore, rightly held that the appellants became Adhiwasi and thereafter became Seerdar.

OCTOBER 8, 2015.

Hon'ble Mr. Justice R.K. Agrawal pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Ranjan Gogoi and His Lordship.

The appeal is dismissed in terms of the signed reportable judgment.