Court No. - 9
Case :- WRIT - B No. - 1023 of 2021 Petitioner :- Peetam Singh Respondent :- Deputy Director Of Consolidation And 6 Others Counsel for Petitioner :- Surendra Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present writ petition has been filed praying for a writ of certiorari to quash the order dated 24.1.2020, 10.9.2020 and 30.12.2020 passed by the consolidation authorities.
The orders have been passed in proceedings registered under Section 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 and in the consequential appeal and revision filed by the petitioner.
The dispute between the parties relates to Plot No. 540 (area 0.789 hects.) wherein the name of the petitioner was recorded in the relevant records.
On a consideration of evidence available on the record, the consolidation authorities have found that the petitioner had been wrongly recorded as a tenure holder of the disputed plot even though the disputed plot has been sold to the opposite parties. It has been recorded by the consolidation authorities that the petitioner had purchased Plot No. 486 from its original tenure holder and not Plot No. 540 which was sold to the opposite parties.
The findings recorded by the consolidation authorities are concurrent findings of facts based on evidence on record and the counsel for the petitioner has not been able to show any perversity in the aforesaid findings so as to occasion interference by this Court. In view of the judgments of the Supreme Court in Hasan Ali & Ors. Vs. State of U.P. & Ors. 1992 Supp (2) SCC 70 and Muneshwar (Dead) By Lrs. Vs. Raja Mohammad Khan & Ors. (1998) 6 SCC 582, it is not a fit case for interference by this Court under Article 226 of the Constitution of India.
The writ petition is dismissed.
Order Date :- 13.8.2021 Satyam