The Assistant Consolidation Officer cannot create new rights in land through compromise; only existing statutory rights can be recognized under the U.P. Consolidation of Holdings Act.

JUDGMENT :

Saurabh Lavania, J.

1. Vakalatnama filed by Mr. Hemant Tripathi, Advocate and Mr. Hari Om Pandey, Advocate on behalf of the petitioners is taken on record

2. Heard Mr. R.S. Pandey, learned Senior Advocate assisted by Mr. Hemant Tripathi, and Mr. Hari Om Pandey, learned counsel for the petitioners, Mr. Hemant Kumar Pandey, learned Standing Counsel for the State/respondent nos. 1 and 3, Mr. Mohan Singh, learned counsel for respondent no. 4/Gaon Sabha and Mr. Rakesh D. Kumar, Advocate, who appeared for Mr. Ambikesh Singh, Advocate and Ms. Swati Singh, Advocate, who filed the caveat for respondent no.2/Chandra Prakash Singh.

3. With the consent of the parties, the petition is being decided at the admission stage itself.

4. By means of the present petition the petitioner has sought the following main relief :-

"(i) Issue a writ in the nature of Certiorari to quash the impugned order dated 30.04.2025 passed by Opposite Party No. 1 (Deputy Director of Consolidation, Ayodhya) under Section 48 of the U.P. Consolidation of Holdings Act in Revision No. 3024/202554042300000106, Chandra Prakash Singh vs. Sambhu Prasad & Others, Village Sarethi, Pargana Haveli Awadh, Tehsil Sadar, District Ayodhya, as contained in Annexure No. 1 to this petition.

(ii) Issue a writ, order, or direction in the nature of Mandamus directing the opposite parties not to dispossess the petitioners from the land in question, in the interest of justice.

5. The petitioners have assailed the order dated 30.04.2025 passed by respondent no. 1/Deputy Director of Consolidation, Ayodhya (in short "DDC"), in exercise of power under Section 48(1) of of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") in Revision No. 3024/202554042300000106, (Chandra Prakash Singh vs. Sambhu Prasad & Others).

6. The facts, which are relevant for the purpos0es of deciding the petition, are as under :-

i) The dispute relates to Gata No. 748, area 3 bigha 17 dur, indicated in Khata No. 56, situated at Village - Sarethi, Pargana - Haveli Oudh, Tehsil - Sadar, District -Faizabad (now Ayodhya) (in short 'land in dispute').

ii) The Assistant Consolidation Officer (in short ACO ), vide order dated 09.12.1983 passed in exercise of Rule 25-A of U.P. Consolidation of Holdings Rules, 1954 (in short "Rules of 1954") provided the land in dispute to respondent no. 2 namely Chandra Prakash Singh S/o Chataurbhuj Singh on the basis of statement of recorded tenure holder namely Ram Nayan Pandey, which was to the effect that land in dispute has been sold/transferred to Chandra Prakash Singh, and in terms of order of ACO dated 09.12.2023, the private-respondent no. 2 namely Chandra Prakash Singh was having full rights over the land in dispute i.e. Gata No. 748, detailed above.

iii) It would be apt to indicate at this stage that respondent no. 2 namely Chandra Prakash Singh when the order dated 09.12.1983 was passed by ACO in exercise of power under Rule 25-A of Rules of 1954, was not having any rights recognized by the statute namely Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950") over the land in dispute i.e. Gata No. 748 for the reason that he was not the co- tenure holder of the land in dispute i.e. Gata No. 748 nor he was part of the family of Ram Nayan Pandey nor he was part of the pedigree related to Ram Nayan Pandey nor there was any dispu