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 (All) differed from the one expressed in Smt. Basari Wali v. Board of Revenue, 1966 All LJ 771.

3. Jagdamba Prasad Misra v. Rafiuddin, 1967 All LJ 308 to which one of us (Jagdish Sahai, J.) was a party is another decision of this Court relevant for our purposes. The view taken in this decision is that the entry of the name of a person in the compensation statement is not conclusive and his right to be treated as an Adhivasi or Sirdar of the land in respect of which compensation statement is prepared can be enquired into in a competent court in a subsequent or collateral proceeding.

4. The provisions of Chapter IX-A were introduced in the Act in 1954 by Act 20 of 1954. The act as originally framed did not contain any provision for the acquisition of the rights of a landlord over plots which were held by an Adhivasi. It was confined only to the acquisition of proprietary rights of an intermediary or a land holder.

5. Chapter IX-A is headed as "conferment of Sirdari rights on Adhivasi". The preamble of Act 20 of 1954 reads:

"An Act to amend the U. P. Zamindari Abolition and Land Reforms Act and other laws relating to Land Tenure."

5A. Chapter IX-A contains in all 14 sections. Section 240-A with which Chapter IX-A opens provides for the acquisition of rights title and interest of a land holder in the land held by an Adhivasi. Section 240-B of the Act deals with the consequences that ensue on the acquisition of rights title and interests of a land holder under section 240-A of the Act. Section 240-C provides for payment of compensation to the landlord for the acquisition of his rights, title and interests in the land occupied by an Adhivasi, Sec. 240-D requires the preparation of a compensation statement and reads:

"240-D. Compensation Statement - For purposes of assessment and payment of compensation for acquisition of rights, title and interest of the landholder in the land referred to in section 240-A the Compensation Officer shall prepare a compensation statement showing -

(a) the name or names of the landholder;

(b) Where the land referred to in section 240-A was on the date immediately preceding the date of vesting,

(i) recorded as sir, khudkasht or fixed rate tenancy of the landholder, or

(ii) included in the holding of a person belonging to any of the classes mentioned in clause (d) of section 18, or

(iii) included in the holding of a person belonging to any of the classes mentioned in section 19, the rent computed at hereditary rates applicable on the said date;

(c) where the land referred to in section 240-A was land other than land mentioned in clause (b), the rent payable for such land by the tenant thereof on the said date and

(d) such other particulars as may be prescribed".

Section 240-E deals with the manner in which the compensation shall be paid to the

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