SURAT DEI Vs. DISTRICT DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Indra Pratap Singh, learned counsel for the petitioner as well as learned Standing Counsel for respondent No. 2 and Sri B.R. Singh, learned Senior Advocate assisted by Sri Rohit Tripathi, learned counsel appearing for respondent Nos. 3, 4 and 5.

(2.) By means of present writ petition the petitioner has challenged order dtd. 4/10/2018, passed by the District Magistrate, Faizabad/Deputy Director of Consolidation exercising his powers under Sec. 48(1) of the Consolidation of Holdings Act as we well as order dtd. 29/4/2017, passed by the Settlement Officer (Consolidation), Faizabad.

(3.) Controversy as raised by the petitioner in the present petition revolves around the question as to who are the persons entitled to the property of one Rajbakhs. On one hand petitioner claims to be sister of Rajbakhs and according to the successors it is stated that Rajbakhs died intestate and he was never married and consequently his only heir is the petitioner who is entitled to inherit all the property of Rajbakhs. While on the other hand claim of respondent No. 3 - Smt. Usha has claimed herself to be wife of Rajbakhs and consequently claims that she is entitled to the property of Rajbakhs and her name should be mu- tated in place of her deceased-husband.