SHIV NARAYAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION BALLIA

JUDGEMENT

(1.) This petition questions the correctness of the order of the Deputy Director of Consolidation dated 11th November, 2010 setting aside the remand order of the Settlement Officer, Consolidation and affirming the order of the Consolidation Officer holding that the Respondent No. 2-Sarswati is the real heir entitled to succeed to the holding of Khata No. 304 plot No. 695/5 and accordingly, the name of the Petitioners should be expunged and should be entered in the main column of Bhumidhar.

(2.) The dispute began with the filing of the objections of both sides. The Respondent No. 2-Sarswati on 10th August, 1990 filed an objection, a copy whereof has been filed as annexure 3 to the writ petition. The said objection simply discloses that the Respondent No. 2 has already acquired Bhumidhari rights over the land in dispute and that the Petitioners' father Sripati got his name entered with the collusion of the local Lekhpal, who had no concern with the property in dispute. She further contended that she was in adverse possession of the land as her name was entered in column 9 of the relevant revenue extract and she being the owner of the holding, her name deserves to be ac(sic)ly recorded. The Consolidation Officer allowed the objection of the Respondent No. 2 vide order dated 29th March, 2008.

(3.) A parallel objection was filed by the father of the Petitioners and the Respondent Nos. 3 and 4, late Sripati, which was rejected by the same order dated 29th March, 2008.