SMT. DHARAM BIRI Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri V. S. Chaudhary, learned counsel for the petitioner, Sri Dhan Prakash appearing for respondent Nos. 4, 5 and 6 and learned standing counsel for respondent Nos. 1 to 3.

(2.) The dispute relates to khata No. 73. The parties to the writ petition are related to each by following pedigree :

(3.) During consolidation proceedings Jaipal s/o Kanwal Singh filed objection under Sec. 9A (2) of the U. P. Consolidation of Holdings Act (for short 'the Act') claiming 1/4th share in the disputed khata. His claim was contested by Satyavir and Mahavir s/o Dharam Singh on the ground that their uncle Kanwal Singh had executed sale deed dated 19.11.1965 of half of his 1/4th share in the property in dispute in their favour and in favour of other brother Jasbir as such they are entitled to ⅛th share and Jaipal Singh has ⅛th Share. The Consolidation Officer vide order dated 31.3.1982 disbelieved the sale deed and determined the share of the parties in accordance with the pedigree. Respondent No. 4 Satyavir filed an appeal which was allowed by the Settlement Officer, Consolidation vide order dated 16.7.1984. Feeling aggrieved Jaipal Singh filed a revision which came to be decided by the Deputy Director of Consolidation vide order dated 19.8.1996, Jaipal Singh died during the pendency of the revision. The petitioner who is wife of Jasbir Singh claims to be his legal heir on the basis of Will executed in her favour. After dismissal of the revision she moved an application for recall of the order dated 19.8.1986 on the ground that an application for substituting her in place of deceased Jaipal was filed but the revision was dismissed ex parte without hearing her. The Deputy Director of Consolidation vide order dated 27.2.1987 dismissed the application on the finding that she was substituted in place of deceased Jaipal on 2.7.1986 and was represented by Jagdish Prasad, advocate who was heard in the matter. Feeling aggrieved she has filed the writ petition challenging the order dated 16.7.1984 passed by the Settlement Officer Consolidation and order dated 19.8.1996 and 27.2.1987 passed by Deputy Director of Consolidation.