Consolidation authorities lack jurisdiction to determine title for abadi land; such disputes must be adjudicated by civil courts.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Narayan Dutt Shukla, learned counsel for the petitioners, Mr. Murli Dhar Mishra, learned counsel assisted by Mr. Sachida Nand Tiwari, learned counsel for the private respondents and Mr. Tarun Gaur, learned Standing Counsel for the State respondents.

2. Brief facts of the case are that plot No. 17 area 10 dismil situated in Village Jabhi Malki Mustakil, Tappa- Bak Jogni Tehsil- Tamkuhiraj District Kushinagar was recorded in the name of Shri Raghuni son of Palakh. Shri Raghuni made an application before the Settlement Officer of Consolidation under Section 5 of U.P. Consolidation of Holdings Act, 1953 hereinafter referred to as U.P.C.H. Act seeking permission to transfer the plot No. 17 area 10 dismil. Settlement Officer of Consolidation vide order dated 12.3.1981 granted permission to Shri Raghuni to transfer the property. On the basis of permission granted by Settlement Officer of Consolidation dated 12.3.1981, Shri Raghuni executed a registered sale deed dated 29.7.1981 in favour of Alakh Prasad, Janak Prasad and Nagina Prasad who are petitioners of the instant petition. Petitioners- Alakh Prasad, Janak Prasad and Nagina Prasad applied for recording of their name under Section 12 of the U.P.C.H. Act on the basis of registered sale deed dated 29.7.1981. In the aforementioned proceeding, an objection was filed on behalf of respondent no.4/ Narsingh claiming right on the basis of adverse possession. Consolidation Officer vide order dated 26.6.1982 rejected the application filed by petitioners under Section 12 of the U.P.C.H. Act as well as the objection filed by respondent no.4/ Narsingh and directed that plot in question should be recorded as abadi Class 6 (2). Petitioners challenged the order of Consolidation Officer dated 26.6.1982 by way of appeal under Section 11 (1) of the U.P.C.H. Act which was registered as appeal No. 2305, Alakh Prasad and Others Vs. Raghuni and Others. Respondent no.4/ Narsingh has also filed appeal before the Settlement Officer of Consolidation which was registered as appeal No. 2550 Narsingh Vs. Gaon Sabha. Both the appeals were consolidated and heard together. Settlement Officer of Consolidation vide order dated 25.10.1982 allowed the appeal filed by petitioners and dismissed the appeal filed by respondent no.4/ Narsingh. Against the appellate order dated 21.10.1982, respondent no.4 filed revision under Section 48 of the U.P.C.H. Act against the appellate order dated 21.10.1982 passed in appeal No. 2035 and appeal No. 2550. The aforementioned revision was registered as case No. 0883 of 2018. Deputy Director of Consolidation vide order dated 7.1.2025 allowed the revision filed by respondent no.4 setting aside the appellate order dated 21.10.1982 and maintained the order of Consolidation Officer dated 26.6.1982 by which the plot in question was ordered to be recorded as abadi Class 6 (2). Hence this writ petition for the following relief:-

"Issue a writ, order or direction in the nature of certiorari call for record and quash the impugned order dated 7.1.2025 passed by Deputy Director of Consolidation Kushinagar in case No. 0883 of 2018, computerized No. 2018540544000000883 and order dated 26.6.1982 passed by Consolidation Officer, Tarya Sujan, District Kushinagar."

3. This Court entertained the matter on 13.2.2025 and granted interim protection for maintaining status quo regarding possession, nature and character of the suit property.

4. In compliance of the order dated 13.2.2025, parties have exchanged their affidavit.

5. Learned Senior Counsel for t