Judgement

RAY, J.:- This is an appeal by special leave from the judgment dated 13 July, 1965 of the High Court of Allahabad dismissing Special Appeal No. 314 of 1965.

2. The respondents in the present appeal confined their relief in the High Court to plots Nos. 573 and 1039 of village Hathwara, Pargana and Tehsil Saidpur, District Ghazipur.

3. The facts in the present appeal are these. The respondents made an application under Article 226 of the Constitution for quashing the order of the Deputy Director of Consolidation dated 7 September, 1963 dismissing the revision petition of the respondents against the order of the Settlement Officer (Consolidation). Ghazipur dated 22 June, 1963 ordering the entry of the names of the appellants in respect of the plots in dispute in the present appeal.

4. The circumstances under which the names of the appellants were entered and the names of the respondent were expunged by the appropriate authorities are as follows.

5. Litigation concerning the plots in dispute had gone on. Ram Dhari, father of the appellants claimed to be sub-tenants of Math Sri Chand in respect of the said plots. The respondents on the other hand claimed possession of the plots and also claimed adhivasi sirdari rights on the basis of being occupants. Mansa Ram Sarbarakar of the Math made an application under section 145 of the Criminal Procedure Code against the respondents. The respondents brought civil suit in the year 1953 against Math Sri Chand and claimed tenancy rights by adverse possession. The parties entered into a compromise of the suit. The respondents as a result of the compromise were held to be sidars of the plots in dispute. The proceedings under S. 145 of the Criminal Procedure Code also ended in favour of the respondents.

6. Ram Dhari and his sons the present appellants were not parties either to the suit filed by the respondents or the proceedings under S. 145 of the Criminal Procedure Code brought by Mansa Ram against the respondents. Ram Dhari, father of the appellants, filed a suit in the year 1953 against the respondents and Mansa Ram. On 21 December 1955 there was a decree in favour of Ram Dhari. The decree was upheld on appeal on 21 July, 1958. The respondents filed a second appeal in the High Court. The second appeal was stayed because of consolidation proceedings.

7. The respondents were recorded under Section 8 of the U. P. Consolidation of Holdings Act as sirdars in respect of the said plots by expunging the name of Ram Dhari, father of the appellants. The appellants mother thereafter made an application against the said order passed by the Assistant Consolidation Officer under S. 8 of the Act. The Assistant Consolidation Officer ordered that the order might be re-agitated subsequently under S. 12 of the Act. The appellants filed an objection under Section 12 of the Act. The appellants filed an objection under Section 12 of the Act. The appellants claimed that they had acquired adhivasi and sirdari rights and that their names had been recorded. The objection was dismissed on 8 May, 1960 by Consolidation Officer. The appellants filed an appeal against the judgment dated 8 May, 1960. The appeal was dismissed by the Settlement Officer (Consolidation) on 4 July, 1960.

8. The appellants thereafter filed a revision petition before the Deputy Director of Consolidation. He remanded the same to the Consolidation Officer for further enquiry. Before the remand order was passed by the Deputy Director the statement of the proposal had been published under Section 20 (1) of the Consolidation Act, 1953. The appellants did not file objections under Section 20 (2) of the Act. Eventually, the allotment of the plots was confirmed in favour of the respondents. Possession was delivered to the respondents on 29 March, 1961. New revenue records were finally prepared and published. On 20 February, 1963 the Consolidation Officer, Ghazipur dismissed the objections of the appellants. The appellants filed an appeal under Section