BHAGWATI Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri N.C. Rajvanshi, Senior Advocate assisted by Sri Ram Surat Saroj for the petitioner and Sri A. K. Sachan for the contesting respondents.

(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 4.5.2011 allowing the revision and setting aside the order of Consolidation Officer dated 20.12.2010.

(3.) The dispute between the parties was in respect of land of khata no. 139 and 143 of village Chhatanga Kurd, pargana and tehsil Jewar , distt. Gautambudh Nagar. The petitioner filed an objection dated 27.11.1989 claiming 1/5 share in the land in dispute. The case of the petitioner before the Consolidation Officer was that her father Bhima was co-sharer in the land in dispute along with his other brothers Dayaram, Shiv Dutt, Ganga Dan and Sukhan. Bhima died in the year 1949 leaving behind the petitioner who is the only female issue of Bhima. The petitioner was born in the year 1941 and she was minor at the time of death of her father Bhima, therefore her name was not recorded in the revenue record. The objection of the petitioner was forwarded by the Assistant Consolidation Officer to Consolidation Officer on 8.12.1989 for decision on merit. It is alleged that before the Consolidation Officer issues were framed and case was listed for evidence of the parties on 19.12.1989. On that day the case was adjourned and 4.1.1990 was fixed. On 4.1.1990 an application was filed on behalf of the petitioner that she does not want to press her objection, which was allowed and the objection of the petitioner was dismissed as not pressed and the Consolidation Officer by the order dated 30.1.1990 decided the share of the other recorded tenure holders according to pedigree.