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2000 Supreme(All) 125

S.P.SRIVASTAVA
HARI SINGH – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, ETAH CAMP AT MATHURA – Respondent


Advocates Appeared:
G.N.Verma, N.S.CHAUDHARY, R.N.Singh, S.N.Singh

SHITLA PRASAD SRIVASTAVA, J.


( 1 ) THIS writ petition under Article 226 of the Constitution of india has been filed by the petitioner for quashing the Judgment and order dated 25. 2. 1978 passed by the respondent Joint Director of consolidation (Annexure-3 to the writ petition ).

( 2 ) BRIEF facts as stated in the writ petition for the purpose of the present case are that plot Nos. 338, 339. 349 and 351 were recorded in the basic year khataunl in the name of respondent No. 4, goswami Raghunath Lalji Maharaj and the name of the petitioner was recorded in class 9. The petitioner filed an objection under Section 9 (2) of the U. P. Consolidation of Land Holdings Act and claimed that he be declared sirdar on the basis of the adverse possession. The case of the petitioner was contested by the opposite party on the ground that the petitioner is not in possession, therefore, the entry of class 9 may be rejected. it is stated that the petitioner in order to prove his possession he has filed various revenue receipt of the years 1962, 1963, 1965. 1968, 1973 and 1975 etc. and produced the witnesses, namely, himself and Bhola Singh. The consolidation Officer dismissed the objection of the petit















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