DAYA SHANKER SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan, for the petitioner and Sri S.K. Mehrotra, for the contesting respondents. This writ petition has been filed against the orders of Settlement Officer Consolidation dated 21.12.2009 and Deputy Director of Consolidation dated 10.3.2011, passed in the title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). It may be mentioned that Daya Shankar claimed the land of Smt. Inderdei on the basis of Will dated 31.5.1976, allegedly executed by her, in his favour and his objection was allowed by Consolidation Officer. Smt. Mithilesh Singh and others also claimed the land of Smt. Inderdei but they lost from the Court of all consolidation authorities. Smt. Mithilesh Singh and others have filed Writ Petition No. 338 (Consolidation) of 2011, which is also pending. Kapildeo Singh and others also claimed the land of Smt. Inderdei and lost from the Court of all consolidation authorities. Kapildeo Singh and others have filed Writ Petition No. 357 (Consolidation) of 2013, which is also pending. However, in Writ Petition No. 364 (sic 264) (Consolidation) of 2011, there is serious dispute in respect of possession over the land in dispute as such Counsel for the petitioner insisted to decide this writ petition separately as his case is based upon separate Will. Other writ petitions are not ready for hearing and the Counsel appearing in those cases are not interested in final arguments as such this writ petition is heard separately and is being decided.

(2.) Dispute is in respect of the land recorded in basic consolidation year khata 3 of village Chetra, and khatas 13 and 168 of village Pandari, tehsil Bikapur, district Faizabad. As stated above, there were several objections but in this writ petition, dispute is between Daya Shankar (the petitioner), who claimed right on the basis of unregistered Will dated 31.5.1976, allegedly executed by Smt. Inderdei, recorded tenure holder and heirs of Ram Chet Singh (respondents-3 to 7) (hereinafter referred to as the respondents), who claimed right by way of inheritance under section 172, 174 and 175 of U.P. Act No. 1 of 1951. In basic consolidation year, khata 3 was recorded in the name of Smt. Inderdei, khata 13 was recorded in the name of Smt. Inderdei and Ram Chet Singh. Khata 168 (grove land) was recorded in the names of various persons including Smt. Inderdei and Uma Shankar, Rama Shankar and Daya Shankar sons of Ram Naresh. There is vague allegation that Smt. Inderdei was bhabhi of Ram Naresh Singh but the petitioner has neither set up any pedigree nor proved it nor claimed right under section 171 of U.P. Act No. 1 of 1951.

(3.) There is dispute in respect of date of death of Smt. Inderdei also. According to the petitioner, Inderdei died on 21.2.1977, while according to the respondents, Inderdei died before 20.9.1976. The consolidation authorities found that as Vijay Kumar filed an application for mutation of his name over the land in dispute on the basis of unregistered Will of Smt. Inderdei on 20.9.1976 before Naib Tahsildar under section 34 of U.P. Land Revenue Act, 1901 as such Smt. Inderdei died before 20.9.1976. There is also dispute in respect of date of Will. In paragraph-14 of the writ petition date of Will has been mentioned as 31.04.1976. In the Will date "4" has been manipulated and made as "5" as in April there is no date "31". But the witnesses have stated that Will was executed in May as such this Court proceeds on its basis.