SUREN LATA Vs. BIMLA W/O SATVEER

JUDGEMENT

(1.) In the instant writ petition, the petitioner has questioned the validity orders dated 21st May, 2005, passed by the Assistant Settlement Officer, Consolidation and the order dated 15th May, 2010, passed by the Deputy Director of Consolidation, Haridwar.

(2.) The father-in-law of the petitioner and respondent, Mr. Jaiman is said to have executed a will on 16th September, 2002 in relation to the estates belonging to him. Based on the will, proceedings under Section 12 was drawn by the present petitioner for getting herself recorded in the revenue records after deletion of name of Jaiman, her father-in-law. In the proceedings thus initiated under Section 12, the statement was recorded of the respondent Smt. Bimla on 17th June, 2003 and that of the present writ petitioner on the same day and, thereafter, the Consolidation Officer passed an order in Case No. 124, whereby, both petitioner and respondent were directed to be recorded in revenue records based on the will dated 16th September, 2002.

(3.) On account of the fact that while the said entry was being made in pursuance to the order dated 6th September, 2003, as it was not settling the share, hence, a fresh order was passed, by virtue of which, both petitioner and respondent were allocated ½ share each, based on the order passed by the Consolidation Officer on 13th May, 2005, in Appeal No. 764 of 2005, Smt. Bimla Vs. Smt. Suren Lata.