GHAYAS Vs. DY. DIRECTOR OF CONSOLIDATION AND ORS.

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, for the petitioner and Sri J.J. Munir, for the contesting respondent. This writ petition has been filed against the orders of Deputy Director of Consolidation, dated 16.10.1980, 4.12.1984 and 3.4.2014, passed in the reference proceeding under section 48(3) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) The dispute between the parties was in respect of share in the land of basic consolidation year khata 443 (total area 24-11-10 bigha) of village Kalchhina, pargana Jalalabad, district Ghaziabad. Smt. Bashiran widow of Hasham filed an objection under section 9 of the Act, claiming her 7/144 share (inherited by her from her son, after his death) + 1/16 share (purchased by her from Smt. Nania widow of Mohd. Hussain through registered sale-deed dated 17.3.1967, on the basis of this sale-deed name of Smt. Bashiran was mutated and name of Smt. Nania was deleted by order of Sub-Divisional Officer dated 28.11.1967). Ali Hasan and Ali Sher (now represented by respondents-2 to 7) filed an objection under section 9 of the Act, for recording their names over entire share of Smt. Bashiran and Smt. Nania, on the basis of registered sale-deed dated 24.6.1968 executed by Smt. Bashiran in their favour. It was stated by them that sale-deed dated 24.6.1968 was in respect of an area of 3-7-0 bigha land of khata in dispute which included entire share of Smt. Bashiran and Smt. Nania. Smt. Bashiran contested the objection of Ali Hasan and Ali Sher, denying execution of the sale-deed dated 24.6.1968. Other co-sharers of remaining share had not contested the dispute. The consolidation authorities held that Smt. Nania was not bhumidhar on 17.3.1967 as such she did not have transferable right. On the basis of sale-deed dated 17.3.1967, share of Smt. Nania was not transferred to Smt. Bashiran as such her objection was dismissed. So far as objection of Ali Hasan and Ali Sher was concerned, it was held that due execution of the registered sale-deed dated 24.6.1968, was proved by marginal witness Bhure Khan and sale-deed was not cancelled by Civil Court as such sale-deed was held as valid for 7/144 share of Smt. Bashiran. Final order in title proceeding was passed by Deputy Director of Consolidation on 6.2.1975, in Revision No. 31 filed by Smt. Bashiran and Revision No. 32 filed by Ali Hasan and Ali Sher.

(3.) The petitioner claims that as the name of Ali Hasan and Ali Sher were not mutated in the basis of sale-deed dated 24.6.1968 in consolidation records as such chak was carved out in the name of Smt. Bashiran, who sold the land in dispute to him through registered sale-deed in the year 1972 and his name was mutated by order of Assistant Consolidation Officer, dated 19.1.1973 passed in Case No. 1559 (under section 12 of the Act). Thereafter, CH Form 45 was prepared in his name. This order was not challenged by any one. Although, the name of the petitioner was recorded, since 19.1.1973 but he was not impleaded as party, before Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation, either in title proceeding or in reference.