KHARPATTU@BHAGIRATHI Vs. DEPUTY DERECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Mohd. Abid Ali, learned counsel for the petitioners , learned State Counsel, Sri Anil Kumar Mishra, learned counsel for the contesting respondents and perused the record. The controversy in the present case relates to Chak No. 146 and Chak No. 202 situated in village Loknathpur Balchand Patti, Pargana Aldemau, Tehsil Kadipur, District Sultanpur ( hereinafter referred to as ' land in dispute').

(2.) UNDISPUTED facts of the present case is that Sri Faran son of Kallu recorded tenure holder of the land in dispute died in the year 1976 thereafter one Smt. Sumirta moved an application for mutation of the land in dispute in his favour on the ground that she is wife of late Sri Feran, where as another claim has been put forward by Sri Rajai that he is real brother of Sri Feran. The Consolidation Officer by an order dated 26.2.1982 (Annexure no.1) rejected the claim of Smt. Sumirta challenging the same by filing an appeal,dismissed vide order dated 10.12.1982 ( Annexure no.2), challenged by filing revision also dismissed by order dated 2.5.1983( Annexure no.3). Subsequently,opposite party no.3 ( Smt. Sheo Kumari) challenged the order dated 26.2.1982 alongwith application for condonation of delay before the Settlement Officer Consolidation, Sultanpur by filing an appeal under Section 11(1) of the U.P. Consolidation and Holdings Act on 17.3.1997.

(3.) IN view of the said facts, matter came up for consideration before Settlement Officer Consolidation, Sultanpur in pending appeal, who by means of order dated 2.1.2004 condoned the delay and fixed the matter for hearing on 15.1.2004. The order dated 2.1.2004 passed by Settlement Officer Consolidation, Faizabad has been challenged by present petitioner by filing revision before the Deputy Director of Consolidation, Sultanpur , dismissed by order dated 30.10.2004