CHANDRA DEVI Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) HEARD Sri R. K. Pandey, for the petitioner and Sri Rishi Kesh Tripathi, for the respondents.

(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 17.11.2003 and Deputy Director of Consolidation, dated 31.08.2013, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) GORWA contested the objection of the petitioner and denied the petitioner being daughter of Maiyadeen in his counter objection. However, in the statement, it was admitted that the petitioner was daughter of Maiyadeen, but it was stated that on marriage, the petitioner was divested under Section 172 of U.P. Act No. 1 of 1951 and Gorwa being the real brother of Maiyadeen inherited his share in the land in dispute. The Case was tired by the Consolidation Officer (respondent -2). Apart from documentary evidence, the petitioner examined herself as PW -1, Baldu as PW -2 and Mijaji as PW -3. Gorwa examined himself as DW -1. It is alleged that some compromise was filed on 20.11.2001 before the Consolidation Officer, but the parties denied filing of the compromise. The Consolidation Officer, therefore heard arguments on merit and by order dated 17.11.2003 held that the petitioner could not give any evidence to show that at the time of death of Maiyadeen and Smt. Ram Dulari, she was unmarried. In any case, at present she is admittedly married and wife of Ram Gulam as such in view of provisions of Section 172 of U.P. Act No. 1 of 1951, she was divested her interest in the land in dispute. Gorwa being real brother of Maiyadeen inherited his share also in the land in dispute. On these findings Consolidation Officer, by order dated 17.11.2003, dismissed the objection of the petitioner, rejecting the compromise.