LAWS(ALL)-2015-1-124

SUBHASH CHAUBEY Vs. DY DIRECTOR OF CONSOLIDATION MAU

Decided On January 21, 2015
Subhash Chaubey Appellant
V/S
Dy Director Of Consolidation Mau Respondents

JUDGEMENT

(1.) HEARD Sri Sunil Kumar Singh, for the petitioner and Sri Chandra Kumar Rai and Sri R.K. Singh Baghel, for respondent -4.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 20.12.2014, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

(3.) THE dispute relates to the land of khatas 6 and 7 of village Barawan, tahsil Mohammadabad Gohna, district Mau, which was recorded in the name of Ram Sudhar son of Kalika Chaube, who died on 15.01.2005. Subhash Chaubey filed an application under Section 12 of the Act, for mutation of his name over the land in dispute on the basis of an unregistered will dated 20.04.2004, allegedly executed by Ram Sudhar, in his favour. Smt. Sumitra alias Sunita also filed an application under Section 12 of the Act, for mutation of her name over the land in dispute, claiming herself as the widow of Ram Sudhar. Assistant Consolidation Officer referred aforesaid applications to Consolidation Officer on 08.07.2005, where it was registered as Case No. 221, Subhash Chaubey Vs. Ram Sudhar, under Section 12 of the Act. The Consolidation Officer called for a report from Assistant Consolidation Officer, who submitted his report dated 15.05.2006, along with a Death Certificate issued by Pradhan, showing that Smt. Sumitra alias Sunita also died on 01.10.2005. The Consolidation Officer, without issuing any proclamation, by his order dated 25.05.2006, directed for mutation of the name of Subhash Chaubey (the petitioner) as an heir of Ram Sudhar, being his real brother, over the land in dispute.