RAM KUMAR Vs. DY.DIR.OF CONSOLIDATION SITAPUR

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed by the petitioner challenging the orders dated 18.10.2019 passed by the Consolidation Officer, Antim Abhilekh-II, Lakhimpur Kheri and the order dated 24.11.2020 passed by the Deputy Director of Consolidation, Sitapur, Camp at Lakhimpur Kheri.

(3.) It is the case of the petitioner as argued by Sri Avadhesh Kumar, learned counsel for the petitioner, that certain land situated in Village Bahariya, Pargana Kheri, Tehsil Mitauli, District Kheri, was recorded in the name of the petitioner in the Basic Year Khatauni on the basis of the mutation order dated 29.11.2003 passed by the Naib Tehsildar, Boor Shri Nagar, Lakhimpur Kheri. Such order was passed on the basis of a Will dated 12.02.1995 executed by one Buddha s/o Parwan. The consolidation operations began in the village concerned in 2014 and the Consolidator forwarded a report in favour of the petitioner on 28.12.2016. On such a report, the respondent no.3 filed a belated objection under Sec. 9A(2) of the U.P. Consolidation of Holdings Act on 27.12.2016 on behalf of himself and other respondents, namely, respondent nos.4 to 8, saying that the said land was initially allotted to Buddha who was their grandfather. Their father Manna had died during the life time of Buddha. The names of respondent nos.3 to 8 were recorded under P.A.-11 on 12.11.1999 but the petitioner forged the Will allegedly executed by Buddha in his favour and got his name mutated.