ALLAHABAD AND ORS. versus THE DEPUTY DIRECTOR OF CONSOLIDATION

Citation: [2000] 1 S.C.R. 619 · Decided: 03-02-2000 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Dismissed
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Judgment (excerpt)

SHEO NANO AND ORS. 
v. 
THE DEPUTY DIRECTOR OF CONSOLIDATION 
ALLAHABAD AND ORS. 
FEBRUARY 3, 20CO 
(S. SAGHIR AHMAD AND Y.K. SABHARWAL, JJ.] 
U.P. Consolidation of Holdings Act, 1953: Sections 9, 11-C (As intro-
duced by Act XXXV of 1974). 
U.P. Land Records Manual. 
Escheat-Land--Recorded tenure-holder-Civil death of-No heirs of 
recorded tenure-Holder-Claim by certain persons on the basis of Sirdari 
rights by adverse possession-Rejection by Deputy Director of Consolida-
tion--Order by Deputy Director that in the absence of lawful claimant property 
would vest in the Gaon Sabha by escheat-Order of Deputy Director chal-
lenged before High Court-During pendency of proceedings before High Court 
Section 1 J..c introduced in the 1953 Act:-New section provided for escheat 
even when no objection was filed by ( iovemment or gaun Sabha-Held, it is 
statutory duty of all authorities to give effect to the provisions of Section 11-C 
even if no claim was laid by Gaun Sabhu-Even though the provisions of 
Section 11-C were not available to the Deputy Director at the time of the 
decision of the revision filed before him, his order that the property should be 
recorded in the name of the Gaon Sabha could be sustained on the basis of 
the provisions of Section 11-C at the time of heanng of the writ petition and 
the High Court was, there[ ore, justified in upholding his order. 
Section 4&-Revision-l'ower orScope and extent-Powers confe"ed 
A 
B 
c 
D 
E 
F 
on Deputy Director to consider legality and correctness of proceedings-Held, 
powers have been considered in widest tenns-Power should not be exercised G 
to disturb the findings off act unless they are pe1verse--Revenue records-Fic-
titious and forged entries-Deputy Director in such a case has full power' to 
re-appraise and re-evaluate the evidence on record-In such a situation he 
can re-open the entire case and would be justified in looking into the legality 
of entire proceedings. 
H 
619 
620 
SUPREME COURT REPORTS 
[2000] 1 S.C.R. 
A 
Constitution of India, 1950 : Article 296 Seventh Schedulic-Union 
B 
c 
D 
List-Entry 32--state List-Entries 35 and 44. 
Escheat of lapse-Bona Vacantia-Real and personal estate--Want of 
heir or successor or rightful owner-Vesting of such a property in State 
Legislative History of Principle of Escheat discussed. 
A.G. of Ontario v. Mercer 8 Appeal Cases 767; St. Catherine's Co. v. 
The Queen 14Appeal Cases 46; A.G. for Quebec v.A.G.for Canada, (1921) 
I A.C. 401; Rex v. Attorney-General of British Columbia, (1924) Appeal 
Cases 213 (PC), referred to. 
Bombay Dyeing & Manufacturing Co. Ltd. v. State of Bombay, (1958] 
SCR 1122 = AIR (1958) SC 328; Superintendent & Legal Remembrancer 
State of West Bengal v. Corporation of Calcutta, (1967] 2 SCR 170 = AIR 
(1967) SC 997, relied on. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1268 of 
1992. 
From the Judgment and Ordeir dated 21.5.91 of the Allahabad High 
Court in C.M.W.P. No. 641of1972. 
E 
T.N. Singh, B.M. Sharma, (C.L. Sahu) (NP), S.N. Singh, B.S. Jain, 
F 
R.D. Rathore and Goodwill lndeever for tht: appearing parties. 
The following Order of the Court was delivered by 
S. SAGHIR AHMAD, J. The appellan.ts, who had claimed Sirdari 
rights by adverse possi::ssion ovt:r differi::nt plots in three difforent villages, 
were allowi::d that right only in respect of one plot situated in village 
J ethupur and their claim in respect of other plots was dismissed by the 
Deputy Director of Consolidation at the revisional stage under Section 48 
of the U.P. Consolidation of Holdings act, 1953 (for short, 'the Act') on a 
G consideration of oral & documentary evidence. The Deputy Director, who 
carefully scrutinised the Revenue Records, filed by the parties, found many 
of the entries forged and fictitious; may other entries were found to have 
been made in the Revenue Records without complying with the mandatory 
requirements set out in the t.: .P. Land Records Manual. He ultimately 
H came to the conclusion that since the recorded tenure-holder, namely, 
> 
.. 
SHEONAND v. DY. DIRECTOROFCONSOUDATION[S.S.AHMAO,J.J 
621 
Jethu@ Madhoo (respondent No. 12) was not available, having died a civil A 
death, his property would. vest in the Gram Sabha. The Deputy Director 
had also negatived the claim of Smt. Ganeshia, alleged sister of Jethu who 
had also laid claim over the plots belonging to J ethu on the ground that 
J ethu who was unmarried and conseqm:ntly had no issue, was not heard 
of for m
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