GULABOO Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned counsel for the petitioner , learned State Counsel and perused the record.

(2.) Facts , in brief , of the present case are that the controversy relates to plot no. 92 situated in village Chhapartala , Pargana Aurangabad District Lakhimpur Kheri ( hereinafter referred to as ' land in question') recorded in the name of one Sri Hulla on the revenue record, who has three sons, namely, Kundan, Rudra and Bhai Lal . After the death of Kundan, his share in the property in question has been claimed by one Gulaboo (now deceased) on the ground that she is the only surviving daughter of deceased Kundan so as per Section 171 of the U.P.Z.A.& L.R. Act (hereinafter referred to as 'Act'), the share of Kundan in the land in question shall by way of succession be inherited by her. Further another set of objection has been filed claiming the share of deceased Kundan by the contesting respondents on the ground that they are the sons of Bhai Lal , who is real brothers of Kundan. Learned Consolidation Officer by means of order dated 23.9.2002 has rejected the claim of contesting respondents and allowed the clalim of Smt. Gulaboo. Aggrieved by the said facts , appeal has been filed, dismissed by order dated 8.9.2003.

(3.) Accordingly, a revision has been filed before the Deputy Director of Consolidation, Lakhimpur Kheri, also dismissed by order dated 30.10.2004. Thereafter, the contesting respondents for redressal of their grievances approached this Court by filing Writ Petition No.727 ( Consolidation) of 2005( Ram Kishore and others Vs. The Deputy Director of Consolidation, District Lakhimpur Kheri and others) in which Smt. Gulaboo was impleded as respondent no.4, allowed by order dated 21.10.2005 with the following directions:-