JIYALAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) THIS petition has been filed by the petitioner seeking a writ of certiorari quashing the orders dated 1.11.2006 and 15.10.2005 passed by the Dy. Director of Consolidation (for short, the DDC) and the Settlement Officer of Consolidation (for short, the SOC), respectively.

(2.) THE dispute in the writ petition pertains chak no. 33, which was carved out in the name of Ram Kishor. Ram Kishor executed a sale -deed on 8.6.1987 in favour of Smt. Chandrakala Devi and mutation on that basis was ordered on 3.5.1988. The husband of Chandrakala Devi, namely, Lodhai, was employed in Mohan Meakins, Ghaziabad.

(3.) THE case of the petitioner is that Chandrakala Devi died soon afer the land in dispute was mutated in her favour. Consequent to her death the name of Lodhai, her husband, was mutated over the same. It is the further case of the petitioner that on the death of Lodhai an appeal under section 11(1) of the U.P. Consolidation of Holdings Act (for short, the Act) was filed by an imposter claiming to be Smt. Chandrakala, alleging that the name of her husband has been wrongly recorded over the land in dispute. She had purchased the same by means of a registered sale -deed and on its basis was mutated over it; she was very much alive but the brother of her husband had got the name of her husband recorded over the land in dispute in a attempt to grab the land. She, therefore, prayed that her name be restored over the property in dispute.