TIRATH RAJ Vs. D.D.C.

JUDGEMENT

(1.) This writ petition is arising out of consolidation proceedings. Petitioners before this Court have lost before all the three authorities, i.e., Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953").

(2.) Sri Ruduvant Pratap Singh, learned counsel for petitioners, is not able to dispute that scope of interference by High Court in writ jurisdiction in the concurrent findings recorded by Consolidation Authorities, is very limited, i.e., except the findings are absolutely perverse.

(3.) Learned counsel for petitioners submitted that the petitioners' consistent case was that they are owner of land in dispute of the share of Kadedeen in Khata No. 40 and 130, situate in Village Chati, Pargana Garwara, District Jaunpur, through a registered Will dtd. 7/5/1951 executed by Kadedeen in favour of petitioners. However, admittedly no such issue was framed by Consolidation Officer while considering the objections filed by parties and, therefore, the Will was not proved in accordance with law. He further submitted that in appeal petitioners have specifically taken the plea about execution of Will, however, without taking note of such grounds and without framing any issue in this regard, Settlement Officer of Consolidation has rejected claim of petitioners on basis of Will. For reference relevant part of order dtd. 24/1/1979 passed by Settlement Officer of Consolidation is reproduced hereinafter: