KAILASHO DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Through this writ petition, the petitioner has prayed for issuing writ of certiorari quashing the order dated 1.6.2012 passed by the Deputy Director of Consolidation, Bareilly in revision No. 309 of 2012 (Kailasho Devi v. Khushruddin and others) as well as the order dated 4.4.2012 passed by the Consolidation Officer in case No. 123/2011-12 (Khushruddin v. State). Heard Sri Shivaji Singh Sisodia, learned counsel for the petitioner, Sri Devendra Saini, learned counsel for respondent No. 3 and learned Standing Counsel.

(2.) The petitioner herein, it appears, has purchased land of Khata No. 27 situated in Village Gopalpur Nagaria, District Bareilly through registered sale deed from respondent No. 4. Respondent No. 4 was the recorded tenure holder of the aforesaid Khata. Originally, the owner of the land was late Ashraf Ali. After the death of Ashraf Ali, respondent No. 4, claiming himself as son of Ashraf Ali, has filed an application for mutation of his name over the said land and the Consolidation Officer vide order dated 7.1.1988 had passed an order for recording the name of Nusrat Ali.

(3.) The respondents herein have filed highly time burred appeal before the Settlement Officer of Consolidation, being appeal No. 213/2011-12 (Khushruddin v. Nusrat Ali and others). The Settlement Officer of Consolidation, after condoning the delay, has allowed the appeal and remanded the matter before the Consolidation Officer for passing fresh order. After the remand, the Consolidation Officer has framed as many as four issues, which are reproduced hereinunder: