ISHAQ Vs. D D C

JUDGEMENT

(1.) HEARD Sri C.K. Rai and Sri Anil Tiwari, for the petitioners and Sri R.C. Singh and Sri Juned Alam, for respondents -4 to 11 and 13.

(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 28.02.1984 and Deputy Director of Consolidation dated 09.04.2013, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE dispute relates to basic consolidation year khatas 314 and 375 of village Pakadiyar Poorabpatti, pargana Sidhuwa Jobna, district Deoria (at present Kushi Nagar). Khata 314 was recorded in the names of Nazir, Paigamber Din, sons of Ishu, Ibrahim, Israil, Ismail, Ishaq sons of Habib and khata 375 was recorded in the names of Paigamber Din son of Ishu, Ibrahim, Israil, Ismail, Ishaq sons of Habib, Jumrati son of Daud, in basic consolidation records. During partal, dispute was noted that the name of Jumrati son of Daud be recorded as co -tenure holder. Several other disputes were noted regarding share of the various co -tenure holders and correction of area of various plots of the khatas. Nazir filed an objection claiming co -tenancy in khata 375. Paigamber Din filed an objection for changing parentage of Nazir as Daud in place of Ishu and for deleting the name of Jumrati. Paigamber Din filed another objection, claiming sole tenancy of plots 954 Smt. Nabi Hasan and Smt. Hafizan filed an objection claiming co -tenancy of 1/2 share jointly in plots 960 and 961. Assistant Consolidation Officer referred the dispute to Consolidation Officer. Now in this writ petition, the dispute is confined to the parentage of Nazir. According to the petitioners, Nazir was son of Daud while according to Nazir and Jumrati, Nazir was son of Ishu.