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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Baburam @ Babu Prasad – Appellant
Versus
State Of U.P. Thru. Secy. Revenue, Lucknow – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri Ganga Prasad Mishra, learned counsel for the petitioners, learned Standing Counsel for the State-respondents as well as Shri Nagendra Bahadur Singh, learned counsel appearing for the respondent no.5.
2. By means of the instant petition the petitioners assail the order dated 26.10.2024 passed by the Deputy Director of Consolidation whereby revision preferred by the petitioners have been dismissed affirming the order dated 30.07.2019 passed by the Settlement Officer of Consolidation which in turn upholds the order passed by the Consolidation Officer dated 29.10.2018.
3. The facts giving rise to the instant petition are being noticed hereinafter. The dispute relates to Plot No.1308 (M) measuring 0.00016 hectare which was recorded in the name of Sadhu, son of Sarju. It is the case of the petitioners that Sadhu had entered in a compromise with Bhagwan Prasad (who was the predecessor-in-interest of the present petitioners) and in pursuance thereof the predecessor-in-interest of the petitioners was given possession and the name of Bhagwan Prasad came to be recorded in the revenue records relating to Plot No.1308 (M) measuring 0.00016 hectare.
4. It i
Validity of recorded ownership requires substantiation through evidence, especially regarding compromises and claims made in revenue records under consolidation proceedings.
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....
A compromise regarding property transfer is invalid if procured through fraud and lacks necessary documentation and registration.
Entries in land records do not confer legal rights; ownership must be proven independently.
Compromise reached in consolidation matters prevails unless compelling evidence of illegality or misjudgment is presented; delayed appeals undermine procedural integrity.
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 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.
Rejecting title of on trees and boring well - land in dispute belongs to Gram Samaj therefore even if the orders passed by the lower authorities were not sustainable and quashed, no fruitful purpose ....
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
Point Of Law: It is important to appreciate the question of intention as it would have appeared to the paper-owner. The issue is that intention of the adverse user gets communicated to the paper owne....
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