JHANDU Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri A.P. Tiwari, for the petitioner.

(2.) The writ petition has been filed against the orders of Deputy Director of Consolidation dated 09.10.2013 and Consolidation Officer dated 03.05.2010, passed in proceedings under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to the land of chaks 320, 748 and 1177 of village Kurhashahpur, pargana Ujhani, district Budaun. Chaks 320 and 748 were recorded, in the name of Mohkam son of Nekram and Chak 1177 was recorded in the name of Sipattar. The petitioner filed an objection (registered as Case no. 5 of 2009-10) under Section 12 of the Act, for recording his name as an heir of Mohkam and Sipattar, the recorded tenure holders. It has been stated by the petitioner that Mohkam was his real brother and Sipattar was his real uncle (father's brother). Both of them died issue less. The petitioner was their nearest heir under Section 171 of U.P. Act no. 1 of 1951. Thereafter, Mithlesh Babu (respondent-3) also filed an objection under Section 12 of the Act, for recording his name as an heir of Mohkam. It has been stated by respondent-3 that he was son of Mohkam, born to his legally wedded wife Smt. Maya. Sipattar died during life time of Mohkam, as issue less as such his share was jointly inherited by Jhandu and Mohkam. After death of Mohkam, he inherited his share. Both the objections were referred to the Consolidation Officer, where the parties filed written statements of the claims of each other. Subsequently one Objection was filed by Smt. Gango, mother of Mohkam, stating that Mohkam was unmarried and died issue less as such his interest was inherited by her, being his widowed mother.