DUKHOO UPADHYAYA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Vijay Kumar Rai, for the petitioner and Sri R.N. Singh, Senior Advocate, assisted by Sri A.K. Rai, for the respondents

(2.) The writ petition has been filed against the orders of Assistant Consolidation Officer dated 25.02.1969, Assistant Settlement Officer Consolidation dated 19.08.1974, Consolidation Officer, dated 02.11.1979, Assistant Settlement Officer Consolidation dated 22.12.1983 and Deputy Director of Consolidation dated 16.05.1987, passed in title proceedings under U.P. Consolidation of Holdings Act, 1983 (hereinafter referred to as the Act).

(3.) The dispute relates to the land recorded in khatas 176 and 343, of village Majhwar Khas, pargana Majhwar, district Varanasi. In basic consolidation year, the aforesaid khatas were recorded in the names of Ram Kumar son of Ram Baran, Shyam Baran son of Gaya and Smt. Dulari widow of Ram Garib. During partal, disputes relating to inheritance of Ram Kumar and Shyam Baran (who were dead), 1/3 share of all the three recorded tenure holders and discrepancy of area of some plots were noted in CH Form-4. After notification under Section 9 of the Act, the parties appeared before Assistant Consolidation Officer and entered into compromise. On the basis of conciliation, Assistant Consolidation Officer, by separate orders dated 25.02.1969, relating to two villages, recorded the names of Dukhoo (the petitioner), Sadho and Shiv Shankar (respondents-10 and 11) as the heirs of Shyam Baran, Subedar and Adya (respondents-12 and 13) as the heirs Ram Kumar, corrected area of the plots and held shares of Ram Kumar, Shyam Baran and Smt. Dulari as 1/3 each. No appeal was filed within time from the order dated 25.02.1969. A separate chak (i.e. chak No. 80) was carved out, in the name of Smt. Dulari of her 1/3 share of the land of village Majhwar Khas. It may be mentioned that the parties also jointly owned land at village Shakalpura, pargana Majhwar, district Varanasi, where also share of Smt. Dulari was admitted as 1/3 and a separate chak in her name of 1/3 share was carved out. Right of Smt. Dulari in village Shakalpura was not challenged by any one. Village Shakalpura was notified under Section 52 of the Act, on 05.06.1973. Smt. Dulari sold the land of village Shakalpura to one Babban Yadav. His name was mutated on the basis of sale deed and was not challenged by any one.