RAM JAGAT Vs. DEPUTY DIRECTOR OF CONSOLIDATION SULTANPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, Sri Ravi Shanker Tewari, learned counsel for the Respondent No. 2 and Sri Hemant Kumar Pandey, learned Additional Chief Standing Counsel for the State.

(2.) The present writ petition has been preferred for quashing of the revisional order dtd. 27/2/1981 passed by Respondent No. 1- Deputy Director, Consolidation, Sultanpur and with a further prayer to direct the respondents not to give effect to and implement the revisional order dtd. 27/2/1981.

(3.) Learned counsel for the petitioners has submitted that the petitioners Ram Jagat and Ram Kumar are the grand son of Late Bhagwandin, who was the original tenure-holder of Gata No. 19 Village Rampur having 1/2 share, Khata No. 24 Village Supahi, Khata Nos. 35, 205, 221, 232 and 305 Village Numae having 1/3 share. Late Bhagwandin had four sons, namely Ram Achhaibar, Gurdin (who died issueless), Ram Dhan and Ram Sahai (who also died issueless). Ram Achhaibar had one son Lutai @ Sheo Shankar and Ram Dhan had two sons namely Ram Jagat and Ram Kumar i.e. the petitioners. After the demise of Ram Sahai the property / land was to be devolved upon the petitioners and Lutai @ Sheo Shankar on the basis of the inheritance as Ram Sahai had died issueless. But an objection was filed by one Kailasha @ Anesa claiming herself to be a daughter of Late Ram Sahai (Kailasha @ Anesa alleged daughter of Late Ram Sahai) was initially Respondent No. 2 in the present writ petition and after her demise her legal heirs have been substituted as 2/1, 2/2 and 2/3, whereas according to the petitioners she was daughter of Lutai @ Sheo Shankar and just to grab rightful claim of the petitioners on the property she was presented as a daughter of Late Ram Sahai.