Court No. - 50
Case :- WRIT - B No. - 15384 of 2012 Petitioner :- Brahma Nand Singh And Others Respondent :- D.D.C. And Others Counsel for Petitioner :- Ashutosh Srivastava Counsel for Respondent :- C.S.C.,Mahesh Narain Singh,Rahul Sahai,Shamasul Eslam,Shrawan Kumar Ojha
Hon'ble Salil Kumar Rai,J.
Heard Sri Ashutosh Srivastava, learned counsel for the petitioners and Sri Shamasul Eslam, learned counsel for respondent no. 3.
The present writ petition has been filed against the orders dated 11.3.2005 and 30.6.2011 passed by the Settlement Officer of Consolidation and Deputy Director of Consolidation rejecting the claim of the petitioners under Section 9A(2) of the U.P. Consolidation of Holdings Act, 1952. It is apparent from the record that Rajendra and Ramraj as well as one Kundal were co-tenure holders of the disputed plot no. 2082 whose area was found to be 88 decimal during 'Partal'. 13 decimal area of the said plot was included in 'abadi' while 7 decimal was acquired for a PWD road. Rajendra and Ramraj sold their half share in plot no. 2082, which was retained for agricultural purposes, to Baijnath. The said transfer was made through sale deed executed in the year 1961 and 1964. Consequently, Rajendra and Ramraj had no share left over plot no. 2082 and therefore, the sale deed dated 12.11.1969 executed by them so far as the same was retained for agricultural purposes in favour of the petitioners confer no right upon the petitioners.
Considering the aforesaid facts as well as the fact that the claim of the petitioners had earlier been rejected by the revenue courts as well as by the civil court where the petitioners could not prove their title over the disputed plot, the Settlement Officer of Consolidation and Deputy Director of Consolidation have rejected the claim of the petitioners. The orders have been passed after considering the evidence available on record and there is no perversity in the aforesaid findings. The findings recorded by the consolidation courts are concurrent findings of fact and in view of the judgement of the Supreme Court in the case of Hasan Ali and Others Vs. State of U.P. and Others, 1992 Suppl (2) S.C.C. 70 and Muneshwar (Dead) By Lrs. Vs. Raja Mohammad Khan and Others, (1998) 6 S.C.C. 582, it is not a fit case for interference under Article 226 of the Constitution of India.
The writ petition is dismissed.
Order Date :- 18.12.2019/nd