FAZLURRAHMAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for the state respondents No. 1 to 4 as well as learned counsel for the Land Management Committee (respondent No. 5) and perused the record on board.

(2.) The petitioner has invoked the extraordinary jurisdiction of this court under Article 226 of the Constitution of India assailing the order dtd. 20/10/2023 passed by the Deputy Director of Consolidation (in brevity 'DDC') in Revision No. 0554 of 2023 affirming the order dtd. 10/10/2023 passed by the Settlement Officer of Consolidation (in brevity 'SOC') in appeal No. 0507 of 2023 arising out of order dtd. 14/6/2013 passed by Consolidation Officer (in brevity 'CO') in proceedings under Sec. 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (in brevity 'UPCH Act').

(3.) Facts culled out from the record are that the plot in question are situated in Village Chanvar Taal and relates to 'Matrook' entry. The CO, has passed an order dtd. 26/12/2023 to record all the property in question under class 5 entry as Navin Parti. However, at a belated stage, Smt. Shayama Bano (respondent No. 8) has moved a recall application dtd. 3/6/2012 claiming her right and title over the property in question being the daughter of Adalat. The CO, vide order dtd. 14/6/2013, has allowed the restoration application and issued a direction for recording the name of Adalat S/o Faizullah and, after deleting his name, record the name of Smt. Shayama Bano D/o Adalat (respondent No. 8) over the property in question. Having been aggrieved with the order of CO, respondents No. 6 and 7, who are claiming themselves as daughters of Adalat, have preferred an appeal. The SOC has allowed the appeal by its order dtd. 10/10/2023 and quashed the order dtd. 14/6/2013 passed by the CO. The DDC, on revision being filed on behalf of the present petitioner alongwith two other persons, namely, Mohd. Sayed and Mujiburrahman, has dismissed the revision, vide order dtd. 20/10/2023, affirming the order passed by the SOC, which are under challenge before this Court.