JANGI LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 8.12.1972 passed by the Deputy Director of Consolidation, Allahabad. Prayer for issuance of a writ, order or direction in the nature of mandamus directing the respondents to act in accordance with law has also been made.

(2.) The relevant facts of the case giving rise to the present petition are that in the basic year, Khata No. 158 was recorded in the name of the petitioner, Jangi Lal. On receipt of C.H. Form No. 5, objection was filed by Miru, respondent No. 4, claiming that he was the co-tenure holder to the extent of 1/2 share in the said Khata on the basis of pedigree which is given below : Deena ReepuBhuwar Smt. Murli(daughter) Meeru (respondent No.4) Masuriadeen (Son) Jangi Lal(Petitioner)

(3.) It was pleaded by respondent No. 4 that he was the son of the brother of petitioner and he was entitled to 1/2 share, therefore, the basic year entry was liable to be expunged and the names of contesting respondent No. 4 as well as Jangi Lal, petitioner were liable to be recorded showing their shares as 1/2 each in the Khata in dispute. Petitioner denied the claim of respondent No. 4 and supported the validity of basic year entry. Pleading that father of the petitioner purchased 1/2 share from the father of respondent No. 4 long back in 1916 and since then he was in exclusive possession of the land in dispute and that basic year entry was quite legal and valid. It may, however, be noted that correctness of above noted pedigree was not disputed or denied in the objection nor any sale deed was produced by the petitioner.