POORAN SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) BY means of this writ petition, moved under Articles 226 and 227 of Constitution of India, the Petitioner has challenged order dated 20.12.2003, passed by Deputy Director of Consolidation, Haridwar, in revision No. 793 of 2003, whereby the order dated 08.05.2003, passed by Settlement Officer of Consolidation, and order dated 12.09.2002, passed by Consolidation Officer, Roorkee West, have been affirmed.

(2.) HEARD Learned Counsel for the parties, and perused the papers on record.

(3.) I have gone through the affidavit and counter affidavit, filed on behalf of the parties, and considered the submissions of Learned Counsel for the parties. Learned Counsel for the Petitioner argued that under Section 171 of U.P. Zamindari and Land Reforms Act, 1950, the married daughters, before amendment in said Section, were not the legal heirs in respect of the agricultural land of their father and as such, Kalu (father of the Petitioner) being legal heir, under said Section, inherited the property in the year 1989. On the other hand, Learned Counsel for Respondent No. 4, argued that Ram Singh, admitted bhumidhar of the property in suit, executed will dated 07.08.1989, in favour of his daughters -Sukhda (Respondent No. 2) and Meena (Respondent No. 3),as such, the provision of Section 171 of the aforesaid Act, were not applicable to the present case. Section 169 of U.P. Zamindari Abolition and Land Reforms Act, 1950, empowers non Schedule Caste or non Schedule Tribes bhumidhar with transferable rights to bequeath his property by a will. Perusal of the impugned order shows that Respondent No. 1 (Deputy Director of Consolidation, Haridwar), has clearly upheld the finding recorded by the Settlement Officer of Consolidation and that of Consolidation Officer that property in dispute was succeeded by Respondent No. 2 -Sukhda, Respondent No. 3 -Meena, through will dated 07.08.1989, executed by their father Ram Singh. The plea taken by the Petitioner and his father Kalu that Ram Singh, executed will dated 12.08.1989, in favour of Kalu, was rejected by all the three consolidation authorities, on the ground that from the record, it was established that Ram Singh had died on 08.08.1989, and as such, there was no question of his making a will on 12.08.1989. In support of this finding, Respondent No. 1 has clearly mentioned that in the family register of the village also date of death of Ram Singh was shown as 08.08.1989.