AMRAWATI Vs. DY. DIRECTOR OF CONSOLIDATION AND ORS.

JUDGEMENT

(1.) HEARD M.D. Singh Shekhar, Senior Advocate, assisted by Sri M.K. Dubey, for the petitioner and Sri Gajendra Pratap, Senior Advocate, assisted by Sri Arvind Kumar Kushwaha, for respondent -4. Other respondents are proforma parties. The original records have been summoned as such Counsel for the respondent does not propose to file counter -affidavit and with the consent of the parties, the writ petition is decided finally. This writ petition has been filed against the orders of Consolidation Officer, dated 31.1.2011, Settlement Officer Consolidation dated 2.6.2011 and Deputy Director of Consolidation dated 18.7.2014, passed in proceeding under section 9 -A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) THE dispute pertains to the land recorded in basic consolidation year khata 141 (consisting of plots 16/684 (area 0 -1 -0 bigha), 17 (area 1 -13 -0 bigha), 25 -kha (area 0 -5 -0 bigha), 34 (area 0 -2 -0 bigha), 146 (area 0 -5 -0 bigha), 148 -kha (area 0 -3 -0 bigha), 149 (area 0 -3 -0 bigha), 160 (area 1 -0 -0 bigha), 161 -kha (area 0 -11 -0 bigha), 162 (area 1 -0 -0 bigha), 212 -kha (area 1 -16 -0 bigha), 220 -kha (area 0 -2 -0 bigha), 222 (area 0 -3 -0 bigha), 223 (area 0 -3 -0 bigha), 224 (area 0 -3 -0 bigha), 230 -ka (area 0 -2 -0 bigha), 321 -kha (area 0 -14 -0 bigha), 328 -cha (area 0 -4 -0 bigha), 329 (area 6 -3 -0 bigha), 340 -ka (area 0 -10 -0 bigha), 368 -ka (area 6 -2 -0 bigha), 371 (area 0 -8 -0 bigha), 386 (area 1 -4 -0 bigha), 400 -ka (area 0 -11 -0 bigha), 436 -ga (area 0 -5 -0 bigha), 437 -kha (area 0 -2 -0 bigha), 443 -k (area 0 -10 -0 bigha), 444 -kha (area 0 -10 -0 bigha), total 28 plots (area 24 -15 -0 bigha), of village Raipura, tahsil Robertsganj, district Sonebhadra, which were recorded in basic consolidation year in the name of Smt. Gangi, widow of Ram Surat. During partial following disputes amongst other were noted in CH Form -4: - -

(3.) AMARAWATI (the petitioner) filed an appeal (registered as Appeal No. 14 of 2010 -11) and Zahruddin (respondent -6) filed an appeal (registered as Appeal No. 215 of 2010 -11) from the aforesaid order. Both the appeals were consolidated and heard by Settlement Officer Consolidation, who by his order dated 2.6.2011 held that order dated 20.12.1991 was recalled by Consolidation Officer on 20.12.1991 and the case was restored. The land in dispute was recorded in the name of Mewa son of Ram Saran in khatauni 1360 -F. In khatauni 1363 -F -1365 -F, an amal daramad recording the name of Ram Surat was made, on the basis of order of Tahsildar dated 19.4.1955. The petitioner could not adduce any evidence to prove that how name of Ram Surat was recorded over the land of Mewa. Tahsildar had no right to delete the name of Mewa and record the name of Ram Surat. It has been proved from the evidence on record by respondents -4 and 5 that Parwati and Nanki were daughters and heirs of Mewa. On these findings the appeals were dismissed. The petitioner filed a revision (registered as Revision No. 33/33/40/83 of 2013 -14) and Zahruddin filed a revision (registered as Revision No. 32/32/39/82 of 2013 -14) against the aforesaid order. Both the revisions were consolidated and heard by Deputy Director of Consolidation, who by order dated 18.7.2014, affirmed the findings of the Consolidation Officer and Settlement Officer Consolidation and dismissed the revisions. Hence, this writ petition has been filed.