ASHOK KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Bhagwan Dutt Pandey, learned counsel for the petitioner, Mr. P.K. Sinha, learned counsel for respondent Nos. 4 and 5 and Mr. Om Anand, learned Standing Counsel for the State-respondents.

(2.) Brief facts of the case are that the petitioner and private respondent Nos. 4 and 5 are real brothers. Ram Ratan Lal (Uncle of the petitioner as well as respondent Nos. 4 and 5) was married with Shanti Devi but they had no issue from their wedlock. Ram Ratan Lal had expired on 15/3/1998. Petitioner filed an application for recording of his name in respect to the plots of Khata Nos. 166, 392, 439, 438 and 492 on the ba-sis of succession which was allowed by Assistant Consolidation Officer vide or-der dtd. 19/6/1998 but in appeal order dtd. 19/6/1998 was set aside and matter was remitted back before Consolidation Officer. Consolidation Officer decided the dispute but in appeal / revision matter has been again remanded back before Consolidation Officer for fresh decision. In pursuance of the remand order, Consolidation Officer vide order dtd. 29/8/2022 directed to record the name of petitioner over the disputed plots on the basis of Will-deed dtd. 18/1/1998. Against the order of Consolidation Officer dtd. 29/8/2022, appeal under Sec. 11 (1) of U.P.C.H. Act was filed before Settlement Officer of Consolidation which was registered as Case No. 1 of 2022. Settlement Officer of Con-solidation vide order dtd. 10/11/2023 allowed the appeal in part setting aside the order dtd. 29/8/2022 and directed to record the name of the petitioner as well as respondent Nos. 4 and 5 having 1/3 share each considering the provisions of Sec. 171 and 172 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "U.P.Z.A. and L.R. Act"). Against the or-der dtd. 10/11/2023 revision under Sec. 48 of U.P.C.H. Act was filed by the petitioner which was registered as Case No. 0234 of 2023. Deputy Director of Consolidation vide order dtd. 4/3/2024 dismissed the revision. Hence, this writ petition on behalf of the petitioner for the following reliefs :

(3.) This Court entertained the matter on 8/5/2024 and directed the counsel for respondent Nos. 4 and 5 to file counter affidavit.