JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Kamlesh Sharma, learned counsel for the petitioner, Mr. Dhirendra Singh/ Mr. J.P. Singh, learned counsels for the private respondents and Mr. P.S. Chauhan, learned Standing Counsel for the State respondents in both the petitions.

(2.) Brief facts of the case are that dispute relates to chak No. 151 situated in Village Luduhi, Pargana-Ghosi, District Mau. The family pedigree of the parties is mentioned in paragraph No.6 of Writ B No. 2525 of 2024. The family pedigree demonstrate that one Charittar had four sons (Bindeshwar, Nageshwar, Muneshwar and Dhaneshwar) and one daughter (Shyam Dulari). The pedigree further demonstrate that Bindeshwar and Dhaneshwar died issueless. Nageshwar had died leaving behind his widow Pyari Devi and from the wedlock of Nageshwar and Pyari Devi, two daughters (Sharda and Sheela) were born. Sharda is private respondents in both the writ petitions. Muneshwar had died leaving behind his son Jitendra who is petitioner in both the writ petitions and Shyam Dulari died leaving behind her daughter (Shanti). During consolidation proceeding in the Village in question, C.H. Form 23 was distributed in the name of Shanti Devi (daughter of Shyam Dulari) in respect to chak No. 151. Subsequently the C.H. Form 45 was prepared and new plot No. 302 area 1 acre 86 kari was carved out in the name of Shanti Devi. Shanti Devi had expired accordingly application under Sec. 12 of U.P. Consolidation of Holdings Act, 1953 hereinafter referred to as U.P.C.H. Act was filed by petitioner claiming right on the basis of the provisions contained under Sec. 171 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as U.P.Z.A. and L.R. Act. The aforementioned proceeding under Sec. 12 of the U.P.C.H. Act was initiated before issuance of notification under Sec. 52 of the U.P.C.H. Act. The Assistant Consolidation Officer passed an order dtd. 23/2/1983 to record the name of petitioner/ Jitendra in the place of Shanti Devi. Against the order dtd. 23/2/1983 passed by Assistant Consolidation Officer, one Nageshwar, son of Charittar filed a revision under Sec. 48 of the U.P.C.H. Act along with the prayer for condonation of delay. The aforementioned revision was heard and allowed by Deputy Director of Consolidation vide order dtd. 30/9/2014 after condoning the delay in filing the revision and remitted the matter back before the Consolidation Officer setting aside the order dtd. 23/2/1983 passed by Assistant Consolidation Officer for fresh decision of the proceeding/ application under Sec. 12 of the U.P.C.H. Act. In pursuance of the remand order passed by Deputy Director of Consolidation, the matter was proceeded before the Consolidation Officer and an issue was framed to the effect as who is the legal heir of Smt. Shanti Devi (daughter of Shyam Dulari). Consolidation Officer passed an ex- parte order on 18/5/2016 accordingly petitioner filed a restoration application which was dismissed by Consolidation Officer vide order dtd. 26/12/2018. Against the orders dtd. 18/5/2016 and 26/12/2018 passed by Consolidation Officer, appeal was preferred by petitioner/ Jitendra before the Settlement Officer of Consolidation. The aforementioned appeal was heard and allowed by Settlement Officer of Consolidation vide order dtd. 7/12/2019 setting aside the orders dtd. 18/5/2016/ 26/12/2018 and directed to record the name of petitioner/ Jitendra and Sharda Devi (daughter of Nageshwar) over chak No. 151 after expunging the name of Shanti Devi (daughter of Shyam Dulari). Against the appellate order dtd. 7/12/2019, two revisions were filed by petitioner/ Jitendra under Sec. 48 of the U.P.C.H. Act which were numbered as revision No. 180 of 2024 and 209 of 2024. One revision was filed against the order of Consolidation Officer and another revision was filed against the order of Settlement Officer of Consolidation. Both the aforementioned revisions were consolidated and heard together. Deputy Director of Consolidation vide order dtd. 22/5/2024 dismissed both the revision and maintained the order of Settlement Officer of Consolidation dtd. 7/12/2019. Hence Writ B No. 2525 of 2024 has been filed by petitioner/ Jitendra for the following reliefs:-

(3.) This Court on 6/8/2024 directed the learned counsel for the private respondents to file counter affidavit accordingly pleadings are exchanged between the parties.