BHANUMATI DEVI Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Ram Niwas Singh, for the petitioners and Sri R.C. Singh, for the contesting respondents -5 and 6. Counter Affidavit and Rejoinder Affidavit have been filed in the writ petition. With the consent of the parties, writ petition is decided finally.

(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation (respondent -2) dated 16.02.2009, rejecting delay condonation application and dismissing the appeals of the petitioners as time barred and Deputy Director of Consolidation (respondent -1) dated 27.07.2013, dismissing the revision of the petitioners from the aforesaid orders, arising out of title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). It may be mentioned that although the orders of Assistant Consolidation Officer and Consolidation Officer were also against the petitioners but no prayer has been made for setting aside these orders.

(3.) THE dispute between the parties is in respect of the land of villages Gauribuzurg, Rampur, Harirampur, Karamjeetpur, Lakhanchand and Deogaon, pargana Silhat, district Deoria. In basic consolidation records, khata 159 of village Gauribuzurg, pargana Silhat, district Deoria was recorded in the names of Balikaran and Banshi sons of Mahavir, Durga son of Ramnand, Smt. Atiraji widow of Sarju, Nakchhed son of Rajman, Shivnath and Shivsaran sons of Haridwar. Assistant Consolidation Officer, by order dated 22.07.1965, corrected area of various plots of this khata, directed for recording name of Ram Kewal son of Deo Narain over plots 604, 605, 606 and 607/1, Shivnath son of Tirthraj Singh over plot 607/2 and held shares of Balikaran, Banshi and Shyam Narain as 1/3 jointly, Nakchhed as 1/3 and Shivnath and Tirthraj as 1/3 jointly, in remaining plots. Shyam Narain (now represented by the petitioners) filed an appeal (registered as Appeal No. 524/546/571/2004) from the aforesaid order, on 16.06.2004 along with delay condonation application impleading Ram Singh son of Balikaran and Parmatma son of Ram Singh as the respondents.