BISHAN PAL SINGH Vs. GIRIRAJ SINGH

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, has been filed by the petitioners for quashing the order dated 19.5.1994 passed by the Deputy Director of Consolidation. Ghaziabad.

(2.) The brief facts as stated by the petitioners in the present writ petition are that the land in dispute was recorded as bhumidhar of one Giriraj Singh in the basic year khatauni. At the time of portal, Biahan Pal Singh and Om Pal Singh (petitioners') sons of Har Bhajan Slngh also claimed co-bhumidhari right along with Giriraj Slngh. The petitioners have given pedigree, which does not appear to be disputed.

(3.) Respondent No. 1, Giriraj Slngh, filed objection under Section 9A (2) of the U. P. Consolidation of Holdings Act claiming that the land in dispute to be his self-acquired property and also claimed to be recorded as a sole bhumidhar. The petitioners contested the claim of the respondent No. 1 and alleged that the property in dispute is joint property as the family is Joint Hindu family and petitioners' share is 2/3. The Consolidation Officer on 30.11.1972 held that the respondent No. 1 was sole bhumidhar of the land in dispute. The petitioners filed an appeal against the aforesaid order which was allowed with a finding that the respondent No. 1 and petitioners were members of the Joint Hindu family and the property was of the joint and petitioners were ordered to be recorded as co-bhumidars. A revision was filed by the respondent No. 1. The Deputy Director of Consolidation on 31.5.1973 dismissed the revision of the respondent No. 1 and held that the land in question has been acquired while family of the parties was a joint Hindu family. The respondent No. 1, Giriraj Slngh. filed a Writ Petition No. 5331 of 1973 which was decided on 30.8.1982. The order of the Deputy Director of Consolidation was set aside and the matter was sent back to the Deputy Director of Consolidation to decide afresh. The Deputy Director of Consolidation has decided the case against the petitioners, therefore. Present writ petition has been filed. The petitioners have challenged the aforesaid order of the Deputy Director of Consolidation on number of grounds.