GURU PRASAD Vs. D D C LUCKNOW

JUDGEMENT

(1.) HEARD Shri V. K. Pandey, learned counsel for the petitioners, Shri Ramesh Singh for the respondent no. 5 and, Shri R.N. Gupta for the contesting respondent no. 3. Shri R.N. Gupta has also filed written arguments, which are taken on record.

(2.) THE writ petition arises out of an objection under Section 9 -A (2) of the U.P. Consolidation of Holdings Act. The petitioners seek a writ of certiorari quashing of the order dated 4.10.2002 passed by the Deputy Director of Consolidation and the order dated 15.10.1992 passed by the Settlement Officer, Consolidation.

(3.) THE dispute in the writ petition relates to land of Khata No. 199 situate in village Uttarpur Gaon, Pargana Nigoha, Tehsil Mohanlalganj, District Lucknow which was recorded in the name of Smt. Jagrani wife of Behari as her Bhumidhari. On the start of consolidation operations, it was reported during partal that the shares in the disputed khata were as follows, Jagrani 1/3, Ram Nath 1/3 and Ram Khelawan 1/3 and this was so recorded in CH Form No. 5 issued. It is thereafter that the objection under Section 9 -A(2) was filed on behalf of the Ram Nath and Ram Khelawan. The case of objector was that the disputed land of Khata No. 199 having an area of 10 bigha was recorded in the name of Smt. Gummar wife of Pachai. Smt. Gummer died, living behind three daughters, namely, Jagrani, Ganga Dei, and Suraj Dei. The objector, Ram Nath is the son of Ganga Dei while Ram Khelawan is the son of Suraj Dei. Since all the three daughters were alive at the time of death of Smt. Gummer, hence, the property devolved equally upon her three daughters; Ganga Dei, and Suraj Dei have since died and their share devolves upon their sons, the objectors Ram Nath and Ram Khelawan, respectively.