RAM KISHORE Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri Rishikesh Tripathi, for the petitioner and Sri V.S. Singh and Sri Ram Swaroop Singh, for the respondents.

(2.) The writ petition has been filed for quashing the order of Consolidation Officer dated 24.08.1993, by which the disputes relating to inheritance of Smt. Ram Dulari and claim of various persons over her properties have been decided in the proceedings under Section 9-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act') and orders of Settlement Officer, Consolidation dated 10.06.2010 and Deputy Director of Consolidation dated 23.06.2012, by which the appeal and revision filed by the petitioner against the aforesaid order of Consolidation Officer have been dismissed on the ground that the claim of the petitioner was barred under Section 11-A of the Act, for not filing any objection under Section 9 of the Act.

(3.) The dispute related to land of khata 905 of village Kanwara, tahsil and district Banda. In basic consolidation records, the name of Smt. Ram Dulari was recorded over the land in dispute. The village was placed under consolidation operation by the notification dated 11.10.1973. During partal, Smt. Ram Dulari was found to be dead and several disputes were raised in respect of various plots recorded in the disputed khata by different persons. Mahendra Singh (respondent-4) claimed himself and one Laloo Singh to be the heirs of Smt. Ram Dulari. All the disputes were noted in CH Form 4 and referred to Consolidation Officer for decision under Section 9-A of the Act. Mahendra Singh filed an objection that he and Laloo Singh were the heirs of Smt. Ram Dulari and inherited her properties after her death on 21.05.1958. Raj Bahadur Singh (respondent-5) filed an objection claiming that Laloo Singh had executed a sale deed of his 1/2 share in the disputed khata, on 10.02.1972, in his favour and he was in possession of it. Several other objections were also filed by respondents-6 to 11, claiming adverse possession over the various plots of the disputed khata. All the objections were consolidated and decided by the Consolidation Officer. Thereafter, the matter was carried upto the stage of Deputy Director of Consolidation, from where, the matter was again remanded to the Consolidation Officer by the order dated 09.03.1983. After remand, the Consolidation Officer, by the order dated 24.8.1993, held that Mahendra Singh and Laloo Singh were the heirs of Smt. Ram Dulari. On the basis of the sale deed executed by Laloo Singh dated 10.02.1972, the name of Raj Bahadur Singh (respondent-5) was directed to be recorded over plot nos. 1889/2/78 and 1430/44 and other objections of the remaining respondents were dismissed. It may be mentioned that in the meantime, the village was notified under Section 52 of the Act on 01.06.1991.