SHYAM SINGH AND OTHERS Vs. DEPUTY DIRECTOR, CONSOLIDATION/ADDITIONAL COLLECTOR, DISTRICT HARIDWAR & OTHERS

JUDGEMENT

(1.) By means of this writ petition, the petitioners have challenged the order dated 22.07.2016 passed by the Deputy Director, Consolidation, Haridwar/ respondent no. 1 under Section 48 of the U.P. Consolidation of Holding Act, 1953.

(2.) It is the case of the petitioner that Late Smt. Hiro Devi, widow of Late Tara Chand, was recorded bhumidhar with transferable rights in Khata Khatauni No. 185 and 168 (now after consolidation consolidated and renumbered into 424 and 366 respectively). The petitioners are the sons of the real brother of Late Tara Chand and there are three daughters of Late Hiro Devi, namely, Murti Devi, Vimla Devi and Kamla Devi. Late Hiro Devi, after the death of her husband Late Tara Chand, lived with the petitioners and their father all her life and even the petitioners with their father themselves arranged and conducted the marriage of the three daughters of Late Hiro Devi.

(3.) During the life time of Late Hiro Devi, the petitioners made all the efforts, as per their status, to look after her, as after the marriage of her daughters, there was nobody to look after Hiro Devi, therefore, she remained with the petitioners on their care and affection. Subsequently, before the death of her on 14.05.1990, Late Hiro Devi made a Will dated 16.04.1990, being happy with the love, affection and service of the petitioners towards her during her life. She bequeathed all her movable and immovable properties vested in her to the petitioners. Petitioners, who were looking after the property of Late Hiro Devi and having possession of the said property, made an application to the Naib Tehsildar, Roorkee under Sections 34 & 35 of L.R. Act for mutation of their names. The said proceeding was registered as Suit No. 445/90. Mutation order was passed on 06.07.1990 in favour of the petitioners. Thereafter, respondent no. 2 made an application before the Naib Tehsildar that the Will dated 16.04.1990 is a valid Will and even respondent no. 2, at that relevant time, did not challenge the same. After the death of one daughter, namely, Smt. Kamla Devi of Late Hiro Devi, her sons (respondent nos. 4 and 5) filed a restoration application before the Naib Tehsildar, Roorkee and the Naib Tehsildar, Roorkee restored the mutation proceedings vide order dated 26.12.1990. Against the said order, petitioners filed a revision and the A.D.M., Haridwar stayed the said order passed by the Naib Tehsildar, Roorkee. Subsequently, the notification under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953 was issued for the area, in which the property in question was situated and the mutation proceedings were transferred to the Assistant Consolidation Officer, Roorkee, Haridwar. Petitioners and the respondents, thereafter, filed the objections under Section 9 -A of the Act before the Assistant Consolidation Officer. Thereafter, the said proceedings were transferred to the Consolidation Officer Roorkee, West for disposal by the competent authority under Rule 65 of the U.P. Consolidation of Holdings Rules, 1953.