SHIV PATTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ravi Pratap, for the petitioner and Sri Rajeev Mishra, for the respondents.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation (respondent -2) dated 07.02.2013, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) IN the meantime Babu Ram son of Kalpu Bhooj and Kanhi son of Balihari filed another application (registered as Case No. 93/772) dated 12.09.1986, for mutating their names, over the land in dispute, on the basis of sale deed dated 02.08.1986, allegedly executed by Jag Mohan in their favour before another Assistant Consolidation Officer, namely Sri Markandey Dubey, although he had no jurisdiction for the village Belghat. On the basis of a fabricated compromise, Sri Markandey Dubey, Assistant Consolidation Officer, by order dated 17.10.1986 directed for mutating the names of Babu Ram son of Kalpu Bhooj (4/5 share) and Kanhi son of Balihari (1/5 share), over the land in dispute.