ABHIMANYU Vs. DY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) R. R. K. Trivedi, J. In this writ petition, counter and rejoinder affidavits have been exchanged. Both the learned counsel have agreed that the writ petition may be decided finally at this stage.

(2.) . The dispute was with regard to chak Nos. 32, 33 and 46 of village Chandabari, Tinmohani, Tahsil Sadar, district Azamgarh which were recorded in the name of Smt. Kamla Devi along with other co- tenure holders. Smt Kamla Devi executed a registered will, dated 9th November, 1989 bequeathing the entire property including her share in the aforesaid chaks in favour of petitioner. Smt. Kamla Devi died on 9th January, 1990. bequeathing an application was made before the Consolidation Officer under section 12 of the U. P. Consolidation of Holdings, Act. On this application mutation was allowed in favour of petitioners, vide order, dated 1st August, 1990 as there was no objection. This order was challenged by respondents No. 3 and 4 in appeal before the Settlement Officer, Consolidation and they claimed rights over the land of chak No. 46 on the basis of two sale-deeds executed in their favour on 17th March, 1981 and 18th March, 1981. It was alleged that without disclosing this fact of existence of sale- deed in their favour order of mutation has been obtained and their objection under section 9 of the Act was already pending before true Consolidation officer. The Settlement Officer, Consolidation, vide order dated 17th August, 1994 allowed the appeal, set aside the order, of the consolidation officer and remanded the case to consolidation officer to decide the case pending under section 9 of the Act filed by respondents No. 3 and 4 first and thereafter to decide the case of succession on the basis of the will in favour of petitioners. This order was challenged in revision which has been dismissed on 24th October, 1994 by Joint Director of Consolidation aggrieved by which this writ petition has been filed by petitioner under Article 226 of the Constitution.

(3.) FOR the reasons stated above, this writ petition is allowed in part. Order, dated 17th August, 1994 passed by Settlement Officer, Consolidation, Azamgarh, Annexure-4 to the writ petition and order of the Deputy Director of Consolidation, dated 24th. October, 1994, Annexure-7 to the writ petition are quashed to the extent that they set aside the order, dated 1st August, 1990 with regard to chak Nos. 32 and 33, order of the Consolidation Officer, dated 1st August, 1990 in respect of chaks no. 32 and 33, shall stand restored. The consolidation. officer shall decide the dispute with regard to chak No. 46 expeditiously as far as possible within a period of six weeks from the date a certified copy of this order is filed before him. No. order as to costs. Petition partly allowed. .