VISHWANATH Vs. ASSISTANT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the orders dated 22.4.1977/23.9.1977, 18.12.1976 and 16.8.1976.

(2.) The brief facts, as stated in the petition are that Khata No. 106 of village Shahpur. Tahsll Ghosi. district Azamgarh became subject-matter of dispute in Consolidation proceeding under Section 9 of the U. P. Consolidation of Holdings Act. There were about 28 plots, which were recorded, in the basic year khatauni in the name of Ramraj father of the petitioners. Toofani, Chillar and Budhiram contesting respondent. As father of the petitioners died immediately after the start of the consolidation, the names of the petitioners were shown in C.H. Form 5. The shares of the respondents Toofani and Chillar were shown as 1/6 each. Budhiram was shown as 1/3 share and the petitioners were jointly shown 1/3 share.

(3.) Objections were filed on behalf of Toofani and Chitlar the contesting respondents on the ground, inter alia, that Budhiram and Ramraj had 1/4 share and Toofani and Chillar had 1/4 share each.