BECHNA Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Neeraj Kumar Srivastava, Counsel for the petitioners. The writ petition has been filed against the order of Consolidation Office dated 10.11.2008, the Settlement Officer Consolidation dated 4.12.2009 and the Deputy Director of Consolidation dated 27.6.2013 passed in title proceeding under U.P., Consolidation of Holdings Act, 1953, hereinafter referred to as "the Act".

(2.) The dispute relates to the land of chak Nos. 101 and 228, which were recorded in the name of Ram Niranjan son of Ram Abhilakh. Ram Niranjan died on 25.6.2006. After his death, the petitioners as well as Ran Vijai, respondent No. 4 filed an application for mutation of their names. The petitioners claimed their title on the basis of a Will dated 24.12.2002. Ran Vijay Singh claimed that he was born on 18.1.1949 and the property in dispute being ancestral property, therefore, he inherited 1/2 share in the property in dispute being a coparcener and after the death of Ram Niranjan, his father, he inherited his share in the remaining 1/2 share being his son. The matter was tried by the Consolidation Officer, Katghara, Jaunpur, who by order dated 10.11.2008 found that the attesting witness of Will Shree Narain could not prove due execution of Will set up by the petitioners, accordingly, their case based upon the Will has been disbelieved. The case of Ran Vijai based on his date of birth on 18.1.1949 and becoming coparcener along with his father has also been disbelieved. The Consolidation Officer directed for mutation of the names of Smt. Bechna, Ran Vijai, Manoj Kumar and Sanjay Kumar under section 171 of U.P. Act No. 1 of 1951. Ran Vijai did not file any appeal from the aforesaid order of the Consolidation Officer. However, the petitioners filed an appeal (registered as Appeal No. 1328), which was dismissed by the Settlement Officer, Consolidation by order dated 4.12.2009. The petitioners filed a revision (registered as Revision No. 2162 of 2011-12) which has been dismissed by order dated 27.6.2013.

(3.) The Counsel for the petitioners submits that Ran Vijai has already filed a Civil Suit i.e. Suit No. 215 of 2008 for cancellation of the Will dated 24.12.2002 and the suit is pending before the Civil Court as such during the pendency of the civil suit, it was not appropriate for the consolidation authorities to disbelieve the Will. He submits that in any case the matter was liable to be postponed during the pendency of the civil suit.