SAVITRI DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION GONDA

JUDGEMENT

(1.) Heard Sri Mohd. Ali, learned counsel for the petitioners, Sri Upendra Singh, learned Standing Counsel for the State-opposite parties and Sri Umesh Chandra Pandey, learned counsel for the Caveators/ private opposite party Nos.4 to 7. By means of this writ petition, the petitioners have prayed for the following reliefs:-

(2.) The basic premise to assail the impugned orders is that the private opposite parties have filed an application dtd. 6/1/1981 before the court of Assistant Consolidation Officer seeking mutation on the basis of Will-Deed allegedly executed by one Sri Bhaughati on 28/11/1980, the original tenure holder of the property in question, without impleading the wife of late Bhagauti as a party of that case saying that she has died whereas she was alive and remained alive for quite long time thereafter.

(3.) Learned counsel for the petitioners has drawn attention of this Court towards an application dtd. 6/1/1981 (Annexure No.5) wherein it has been categorically indicated that the original tenure holder of the land in question, namely, Sri Bhagauti, has expired and in his life time he had executed a Will in favour of the private opposite parties. Sri Bhagauti was not having any son (male child) and his wife is also not alive. The applicants of that application/ the private opposite parties hereto have stated themselves as real cousin and since they were looking after Sri Bhagauti in his life time, therefore, Sri Bhaugauti has executed a Will-Deed in their favour. On the basis of the aforesaid application, the Consolidation Officer has directed for publication and the said publication was issued on 8/1/1981. As per the order dtd. 26/8/1981 passed by the Consolidation Officer, no objection has been filed on that publication. Therefore, after recording the evidence of marginal witness of the Will-Deed he directed that the name of private opposite parties be entered in the Chak in question i.e. Chak No.268, 267/2 and 269.