LAWS(ALL)-2015-3-111

ARCHNA Vs. DY DIRECTOR OF CONSOLIDATION, AMROHA

Decided On March 27, 2015
ARCHNA Appellant
V/S
Dy Director Of Consolidation, Amroha Respondents

JUDGEMENT

(1.) Heard Sri Gyan Shankar Ojha, for the petitioner and Sri Ganga Prasad Yadav, Additional Chief Standing Counsel, for respondents-1 to 3 and Sri Nitya Prakash Tiwari, for respondent-7 and Sri Ashok Mehta, Senior Advocate, Additional Solicitor General of India, assisted by Sri Harish Kumar Yadav, Standing Counsel for Union of India, for respondent-8.

(2.) The writ petition has been filed against the orders of Consolidation Officer dated 01.04.2013, Settlement Officer Consolation dated 14.03.2014 and Deputy Director of Consolidation dated 09.06.2014, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) and for direction to the consolidation authorities to effect the partition of the share of the petitioner in the land in dispute as well as declaring the sale deed dated 14.11.2005, executed by Uttam Singh (respondent-4) in favour of Veer Singh (respondent-7), as void.

(3.) The dispute relates to basic consolidation year khatas 51, 100, 132, 175 and 300 of village Tarauli and khata 192 of village Nawabpura, pargana Hasanpur, district Amroha. These khatas consisted plots 2 (area 70.413 hectare), 24 (area 0.312 hectare), 73 (area 0.304 hectare), 77 (area 0.372 hectare), 82 (area 0.304 hectare), 130 (area 0.146 hectare), 168 (area 1.181 hectare), 212 (area 0.125 hectare), 217 (area 0.032 hectare), 229 (area 0.024 hectare), 319 (area 1.206 hectare), 334 (area 0.263 hectare), 421 (area 1.157 hectare) and 425 (area 1.154 hectare) (total 14 plots area 6.993 hectare). In basic consolidation records, name of Veer Singh (respondent-7) was recorded over the land in dispute, along with other co-sharers. The petitioner did not dispute shares of other co-sharers, during consolidation operation.