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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH,J.
Chandan Singh @ Chandra Pal Singh – Appellant
Versus
Deputy Director Of Consolidation, Sitapur And Others – Respondent
WRIT - B No. - 1043 of 2024
Decided on : 27-03-2025
(A) U.P. Zamindar Abolition & Land Reforms Act, 1950 - Section 171 - U.P. Consolidation of Holdings Act, 1953 - Sections 9-A(2), 11(1) - Dispute over inheritance of land - Petitioner claimed rights as nephew of deceased landowner but failed to establish relationship and challenge prior orders vesting land with State - The Deputy Director of Consolidation set aside previous orders favoring petitioner due to lack of evidence. (Paras 3, 4, 9, 17, 70)
(B) Jurisdiction of Consolidation Authorities - Consolidation Authorities must adhere to prior binding orders unless successfully challenged - Petitioner’s failure to challenge the order vesting land in State led to dismissal of claims. (Paras 66, 70)
Facts of the case:
The petitioner claimed inheritance rights over land belonging to his uncle, Ruda Singh, who died in 1979. A prior order in 1984 vested the land with the Gaon Sabha due to claims of no legal heirs. The petitioner’s revision against this order was abated due to ongoing consolidation proceedings. (Paras 3-4, 9)
Findings of Court:
The Deputy Director of Consolidation found no credible evidence establishing the petitioner’s claim as a legal heir and upheld the previous order vesting the land in the State. (Paras 70-71)
Issues: Whether the petitioner established his claim as a legal heir under Section 171 of the Act and whether the previous order vesting land with the State could be challenged. (Paras 9, 70)
Ratio Decidendi: The court held that the petitioner failed to provide sufficient evidence of his relationship to Ruda Singh and did not challenge the 1984 order, thus the Deputy Director's decision was justified. (Paras 70-71)
Result: Petition dismissed.
Hon'ble Jaspreet Singh,J.
1. In order to appreciate the controversy involved in the instant petition, the relevant facts giving rise to the cause of action to the petitioner are being noticed hereinafter.
2. The dispute in question relates to Plots No.100, 318 and 443 having a total area of 4.3120 hectares, situate in village Para, Pargana, Tehsil and District Sitapur. The aforesaid plots are part of Khata No.218 which was recorded in the name of Ruda Singh as its Bhumidhar in the base year khatauni.
3. Ruda Singh is said to have expired in the year 1979 leaving behind his nephew (bhanja) i.e. the petitioner, who was the son of Smt. Sita Singh (sister of Ruda Singh and second wife of Fakirey Singh). The petitioner claimed rights in the property in dispute on the basis of being the preferential heir in terms of Section 171 of the U.P. Zamindar Abolition & Land Reforms Act, 1950 (for short, 'the Act of 1950').
4. The record indicates that in the year 1984, certain proceedings under Section 194 of the Act of 1950 were initiated in the Court of Sub Divisional Officer, Sitapur and vide its order dated 17.09.1984, the said case was decided by recording a finding that Shri Ruda Singh had died intestate. Since, he did not have any legal heir, hence, the plots in question were ordered to be recorded in the name of Gaon Sabha.
5. The petitioner states that when he came to know about the order dated 17.09.1984, he preferred a revision before the Additional Commissioner, Lucknow Division, Lucknow. By the said revision bearing No.78/2018, the petitioner had assailed the order, but during the aforesaid proceedings before the Additional Commissioner, it was noticed by the said Court that since an appeal under Section 11(1) of the Act of 1953 was pending before the Settlement Officer of Consolidation, hence, the revisional Court abated the revision vide its order dated 22.02.2022.
6. It is also the case of the petitioner that village in question was notified under Section 4 of the Act of 1953 on 22.07.1995. The petitioner had filed his objections under Section 9-A(2) of the Act of 1953 before the Consolidation Officer, claiming title over the disputed plots as being the heir of late Ruda Singh (Mamaji, maternal uncle of the petitioner) on the basis of inheritance being the legal heir. In support of his claim, the petitioner had filed a certificate issued by Gram Pradhan stating that the petitioner is the nephew (Bhanja) of late Ruda Singh and that Smt. Sita Singh (mother of the petitioner) was the real sister of late Ruda Singh.
7. The Consolidation Officer vide its order dated 04.01.2016 allowed the objections of the petitioner. The State as well as Gram Sabha being aggrieved against the order dated 04.01.2016 passed by the Consolidation Officer preferred an appeal under Section 11(1) of the Act of 1953. Simultaneously, an appeal was also filed by Mohd. Imran Khan, Hari Shankar and Smt. Rukhsana. The Settlement Officer of Consolidation after hearing the parties concerned dismissed all the appeals by means of the order dated 08.05.2023.
8. In the meantime, in pursuance of the order dated 04.01.2016 passed by the Consolidation Officer in favour of the petitioner, the Consolidation Officer vide its order dated 09.06.2023 incorporated the name of the petitioner in the records maintained by the consolidation authorities. This order dated 09.06.2023 passed by the Consolidation Officer in proceedings under Rule 109 of the U.P. Consolidation and Holdings Rules, 1954 (for short, 'the Rules of 1954') was assailed by filing an appeal by the State and the Gaon Sabha, Mohd. Imran Khan, Hari Shankar and Smt. Prema Devi. All the said appeals were dismissed by the Settlement Officer of Consolidation.
9. In the aforesaid backdrop, eight revisions were filed before the Deputy Director of Consolidation. One set was filed by the State, the other set was filed by Gaon Sabha. Separate revision was filed by Mohd. Imran Khan, separate revision was filed by Smt. Rukhsana and
The petitioner failed to establish his claim of inheritance over the disputed land due to lack of evidence and failure to challenge prior orders vesting the land in the State.
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
The court held that succession rights require substantiated proof of parentage, emphasizing the need for reliable documentation in inheritance claims under the U.P. Consolidation of Holdings Act.
Validity of recorded ownership requires substantiation through evidence, especially regarding compromises and claims made in revenue records under consolidation proceedings.
Compromise reached in consolidation matters prevails unless compelling evidence of illegality or misjudgment is presented; delayed appeals undermine procedural integrity.
It is well known that "conclusions" and "reasons" are two different things and reasons must show mental exercise of authorities in arriving at a particular conclusion. In Union of India v. Mohan Lal ....
The court affirmed the principle that title objections must be decided on merit rather than based on previous compromises, ensuring fair opportunity for parties to present evidence.
The Deputy Director of Consolidation has broad powers to review evidence and rectify entries in revenue records, ensuring rightful ownership is determined based on valid evidence.
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