MADAN MOHAN SINGH Vs. RAJNI KANT

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 14.8.2003 in Civil Misc. Writ Petition No. 19334 of 2003 passed by the High Court of Judicature at Allahabad by which the High Court dismissed the writ petition of the appellants in view of the concurrent findings recorded by the three statutory authorities under the Statute.

(2.) Facts and circumstances giving rise to this case are that one Chandra Deo Singh was recorded as the khatedar of Khata Nos. 485, 620, 146 and 66 of Village Bhojapur and Khata No. 21 of Village Kanshari. The respondents in appeal, Rajni Kant and Anjani Kumar claimed themselves to be the sons of said Chandra Deo Singh and filed objections under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as Rs. Consolidation Act) and they asked for inclusion of their names as his heirs. Another objection was filed by the appellants in the disputed khata submitting that the said respondents had no right or interest in the suit land, not being the sons of late Chandra Deo Singh and the appellants were his only legal heirs. The Consolidation Officer having framed large number of issues and having provided full opportunity of hearing to both the parties to lead evidence and make submissions, passed an order dated 8.11.2000, allowing the objections filed by the respondents and further directing to record their names. Being aggrieved, the appellants preferred the appeal before the Settlement Officer which had been dismissed vide judgment and order dated 16.2.2001. Being aggrieved, the appellants preferred Revision No. 958 under Section 48 of the Consolidation Act which also stood dismissed vide judgment and order dated 15.3.2003.

(3.) The appellants further agitated the issue, challenging the said judgments and orders by filing Writ Petition No. 19334/2003 which has also been dismissed vide judgment and order dated 14.8.2003. Hence, this appeal.