BEKARU Vs. COLLECTOR

JUDGEMENT

(1.) HEARD Sri Durga Prasad Srivastava, counsel for the petitioner and Sri Jokhan Prasad, for respondent -3.

(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation (respondent -2) dated 20.11.2009 and Deputy Director of Consolidation (respondent -1) dated 08.08.2013, passed in the proceeding, arising under Section 12 of U. P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE Consolidation Officer, Harraiya, Basti, by order dated 07.01.2009, held that name of Bekaru was not mentioned in the Pariwar Register relating to the family of Ram Milan prior to 12.09.2007. In the proceedings under Section 145 Cr.P.C., Smt. Rajpati was found as the widow of Ram Milan and Bekaru as the son of Girdhari. By the order of Assistant Development Officer dated 12.09.2007, name of Bekaru was mentioned in Pariwar Register relating to the family of Ram Milan as his son. Subsequently, father's name of Bekaru has been mentioned as Ram Milan in Photo Identity Card of Election Commission, Ration Card. Due execution of will set up by Durga Prasad was not proved. As at the time of the death of Ram Milan, Bekaru, being his son inherited the land in dispute as such on the basis of will executed by Smt. Rajpati, Baburam cannot claim any title over the land in dispute. On these findings, Consolidation Officer, by order dated 07.01.2009, directed for mutation of the name of Bekaru over the land in dispute.