RAJ NATH DUBEY Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Rajeev Mishra and Sri A.C. Pandey, for the petitioners and Sri A.K. Mishra, Senior Advocate, assisted by Sri Vindraban Mishra, for the contesting respondents (hereinafter referred to as the respondents). There is no factual controversy, at this stage, as such the counsel for the respondents proposes not to file any Counter Affidavit. With the consent of the parties the arguments were heard at the admission stage and the writ petition is being decided finally.

(2.) The writ petition has been filed against the orders of Consolidation Officer (respondent-3) dated 01.12.2012, Settlement Officer Consolidation (respondent-2) dated 06.03.2013 and Deputy Director of Consolidation (respondent-1) dated 23.05.2013, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").

(3.) The dispute relates to the land of khatas 1, 3, 4 and 5 of village Sarai Aziz, talluka Harikishun, tahsil Phoolpur, district Allahabad, which were recorded in the names of the respondents, in basic consolidation record. The consolidation was started in the year 2000, in the village. Raj Nath Dubey (petitioner-1) filed an objection (registered as Case No. 18/19) for recording his name over 1/2 share of the disputed land, along with the respondents. It has been stated by the petitioner that the land in dispute was the property of Kishun, who had five sons namely, Bechai, Kanhai, Bindra, Pancham and Sheetal. Bindra, Pancham and Sheetal died issueless and the properties of Kishun was inherited by Bechai and Kanhai alone. The respondents are sons/grandsons of Bechai and the petitioners are sons of Kanhai as such they have 1/2 share in the land in dispute. Assistant Consolidation Officer, by order dated 22.02.2001, referred the dispute to the Consolidation Officer for decision on merits. Later on, Amar Nath Dubey (petitioner-2) filed an application dated 03.03.2001, alleging therein that his father Kanhai had three sons namely Jagannath, Amar Nath and Raj Nath, who jointly inherited Kanhai. He had also filed an objection in respect of the disputed land, before Assistant Consolidation Officer but the same was misplaced as such he may be impleaded as an objector in the objection of Raj Nath Dubey. The impleadment application moved by Amar Nath Dubey was allowed.