JUDGMENT :

1. The fact which is not in dispute is that nature of land in dispute, in the present case, was not on record during first consolidation proceedings. However, during second consolidation proceedings, the land in dispute was earmarked for charagah/pasture land (hereinafter referred to as ‘pasture land’). The second consolidation proceedings got over and a notification under Section 52(1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “Act, 1953”) was issued on 04.12.1993. Later on, land in dispute was valued and allotted to petitioners on valuation and present status of land allotted to petitioners are on record i.e. some parts of land are still vacant and on some parts of land constructions of different nature are raised. Details of allotment of land in dispute to petitioners such as respective allotment orders specifying respective allotted areas, dates of such allotmentare not on record.

2. Further, it is also not disputed that after 24 years of a notification being issued under Section 52 of the Act, 1953, the private contesting respondent (Raj Narayan) has submitted an application dated 17.07.2017, before the District Magistrate, Azamgarh, making a specific allegation that about 4.42 aire of land i.e. land in dispute was recorded under the category of 'pasture land' in revenue records, however, it was allotted illegally to the petitioners and at present only 3.48 aire land is available being 'pasture land' and it was also alleged that petitioners are powerful persons and officials are in hand in glove with them. The allotment was devoid of any due process and thus being illegal are obtained by fraud and, therefore, order be set aside and appropriate action be taken.

3. It appears that the said complaint was referred to Deputy Director of Consolidation, Azamgarh, who sought a report from the Consolidation Officer by order dated 05.09.2017 and it was further directed that all concerned parties shall be put on notice. Later on, on basis of a report received, the Settlement Officer of Consolidation, Azamgarh, by a communication dated 07.01.2023, addressed to District Magistrate, has prepared a chart mentioning all details such as, new Gata numbers and old Gata Numbers and respective area thereof as well as names of tenure holders mentioned in Form 45 and present status of land in dispute with relevant naksha-nazri (spot map). The details thereof have not been seriously disputed by any petitioner. A spot map was also prepared which apparently indicates that all petitioners were allotted abutting land i.e. adjacent to main road, which also indicates that land has potential value.

4. The Deputy Director of Consolidation heard the parties (petitioners in different writ petitions) and passed the impugned order dated 28.02.2023. Issue of compliance of principles of natural justice has not been seriously argued.

5. The District Magistrate/Deputy Director of Consolidation, Azamgarh, has placed reliance on report, revenue records as well as considered arguments of rival parties and held that since the land in dispute was earmarked for 'pasture land' which could not be allotted to petitioners being contrary to provisions of Section 132 of U.P. Zamindari Abolition and Land Reforms Act, 1950 and, therefore, allotments so made were cancelled and it was directed that land in dispute be restored/recorded back as 'pasture land' in revenue record. In the impugned order, Revisional Authority has taken note of procedure, nature of land which could be valued and allotted and that if the allotment was beyond jurisdiction, it would be void and in such case, limitation would be of no consideration. It also referred judgments passed by the Supreme Court. The relevant part of impugned order is mentioned hereinafter -

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