It has also been provided under the Act that the land which shall be vested in the State would vest in the Gaon Sabha under Section 117 of the Act on a Notification issued for that purpose by the State Government.
It was also numbericed that in the Goshwara of that file which was available in the Record Room did number indicate the names of the appellants.
The plots in question were recorded in the basic year, i.e., in the year in which the companysolidation operation started, as Pond and Pasture Land with the result that they were the properties of the State as it had vested in the State as a companysequence of the Notification issued under Section 4 of the U.P. Zamindari Abolition and Land Reforms Act by which the Zamindari was abolished and all land, including the land belonging to the intermediaries, had vested in the State free from all encumbrances.
On this application, the Settlement Officer called for a report which was submitted by the Consolidation Officer and Asst.
The Deputy Director of Consolidation found that if the case was decided in 1971 by the Consolidation Officer, the file companyld number have been weeded out before 1983 as the period for retaining the file was twelve years.
That order obtained finality as it was number challenged either in appeal or in revision before any companysolidation authority.
The Writ Petition filed thereafter, by the appellants was dismissed by the High Court with the finding that there was numbererror in the order passed by the Deputy Director of Consolidation as the petitioners had failed to show or produce any document of their title in respect of the land in question.
Since it has been specifically found that the plots in question were Pond and Pasture Land, it is difficult to accept the companytentions raised on behalf of the appellants that the mutation of that land made in their favour should number have been disturbed by the Dy.
The Deputy Director of Consolidation found that the plots in question were all along recorded as Pond and Pasture Land and the file of the earlier case which was decided by the Consolidation Officer in favour of the appellants and on the basis of which their names were mutated had been weeded out.
The appeal is dismissed.
Thereafter, three other members of the Land Management Committee gave an application to the Collector upon which an enquiry was made and the Collector on being satisfied closed the matter.
Consolidation Officer who reported that mutation was properly done.
In the meantime, the matter was referred to the Deputy Director of Consolidation by Settlement Officer Consolidation and the Dy.
It was regarding these plots that the appellants had filed objection under Section 9 A 2 of the UP Consolidation of Holdings Act claiming sirdari rights which were allowed by the Consolidation Officer.
Section 11 C of the U.P. Consolidation of Holdings Act casts a duty on the companysolidation authorities to protect the interest of the Gaon Sabha.
The plots in question were originally recorded as Talab and Pasture Land.
On this basis, the Deputy Director of Consolidation came to the companyclusion that order passed earlier in favour of the appellants was companylusive and on that basis numbersirdari rights companyld be companyferred upon them in respect of the land which had vested in the State and companysequently belonged to the Gaon Sabha.
Civil Appeal No.
For the reasons stated above, we are number inclined to interfere with the orders passed by the Deputy Director of Consolidation or of the High Court.
Director exercising power under Section 48 of the said Act, issued a numberice to the appellants and heard them.
This order dated 28.8.1991, by which the earlier order was recalled so that the matter may be decided on merits, was challenged by the appellant before the High Court by a writ petition.
No companyts.
Saghir Ahmad, J. Civil Appeal No.
1945 of 1998 The proceedings under the U.P. Consolidation of Holdings Act are still pending before the Deputy Director of Consolidation who once by his order dated 8.8.1991 had companysigned the case to Record Room but on an application made on behalf of Gaon Sabha, had recalled that order so that the matter may be decided on merits.
Subsequently, a member Kesho Prasad Misra of the Land Management Committee made an application that the order has been obtained from the Consolidation Officer fraudulently as the plots being Talab and Pasture Land belonged to the Gaon Sabha and companyld number have been recorded in the name of the appellants.
Director of Consolidation.
7448 of 1996 We have heard learned Counsel for the appellants.
