ORDER :- This reference arises out of consolidation proceedings. The consolidation authorities held that the fifth respondent Hasan Raza was the Adhivasi of the land in dispute, being in possession of the same in the years 1356F and 1359F. The main question that arises for consideration in this case is whether it was open to the consolidation authorities to go into the question as to whether Hasan Raza was the Adhivasi or the Sirdar of the land in dispute once a compensation statement had been prepared under section 240-D and had become final under section 240J of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act), in which the petitioner, Maqbul Raza had been shown as the "Adhivasi".

2. The submission of the petitioner is that in view of the provisions contained in Chapter IX-A of the Act once a compensation statement becomes final, the entry in it showing a particular person as "Adhivasi" is conclusive. The case was referred to a larger Bench because it was thought that there was a conflict of authority in this Court inasmuch as the view taken in Misc. Writ No. 1193 of 1966 Smt. Ashghari Begum v. Deputy Director of Consolidation, D/- 3-5-1966 (

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