NIRMAL KUMAR Vs. NIRMAL KUMAR

JUDGEMENT

(1.) Heard Shri A.K. Verma, learned counsel for the petitioners and the learned Additional Chief Standing Counsel for the respondents-State.

(2.) By means of the instant petition, the petitioners seek to challenge the order dtd. 26/12/2006 passed by Additional Collector, Barabanki in purported exercise of powers conferred under Sec. 48 of the U.P. Consolidation and Holdings Act, 1953 (for short, "the Act of 1953).

(3.) The submission of the learned counsel for the petitioners is that the property in dispute relates to Gata Nos.86, 90, 328 and 428 of Khata No.115 of Village Beldari, Tehsil and Pargana - Raudauli, District Barabanki which was initially recorded in the name of Babu Ram son of Ram Harak. Upon the commencement of the consolidation proceedings in the village in question, two sets of objections came to be filed under Sec. 9-A(2) of the Act of 1953. One set of objection was filed by the predecessor-in-interest of the petitioners namely Vikrama Prasad, who claimed to get possession from Babu Ram for some exchange of money relating to the land in question and his contention was that the possession had been handed- over to Vikrama Prasad and thus, he had perfected his rights as the owner in terms of deeming provision contained in Sec. 164 of the U.P. Z.A. and L.R. Act. The other set of objections were filed by the private-respondents No.2 and 3 namely Ram Kishore and Kaushal Kishore sons of Shri Hari Prasad on the basis of unregistered will dtd. 4/9/1992 said to have been executed by Babu Ram in their favour.