KEWAL Vs. DY. DIRECTOR CONSOLIDATION, HARDOI AND ORS.

JUDGEMENT

(1.) Notice on behalf of respondents -1 and 2 has been accepted by Chief Standing Counsel. Sri U.S. Sahai has filed vakalatnama and counter affidavit on behalf of respondent -3. Heard Sri Anurag Shukla for the petitioner and Sri U.S. Sahai for contesting respondent -3.

(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 18.11.2015 and Consolidation Officer dated 30.1.1997 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953.

(3.) The dispute between the parties relates to land recorded in basic consolidation year of khata No. 22 of village Mautakamlapur, pargana Gopamau, distt. Hardoi. In basic consolidation record names of Smt. Kusuma and Smt. Tikana, widows of Chhotai were recorded over the land in dispute. During the consolidation Smt. Tikana filed an objection for deleting the name of Smt. Kusuma on the ground that Smt. Kusuma and Smt. Tikana were widows of Chhotai and after the death of Smt. Kusuma her estate was inherited by Smt. Tikana. Another objection was filed by Indrapal for recording his name over the land in dispute on the basis of sale deed dated 30.3.1988 executed by Smt. Tikana of the land in dispute. The Consolidation Officer by order dated 30.1.1997 directed for recording the name of Indrapal over the land in dispute on the basis of sale deed dated 30.3.1988 executed by Smt. Tikana in his favour. It appears that the name of Smt. Kusuma was not deleted. Therefore, another order relating to correction dated 28.4.1997 was passed directing deletion of the name of Smt. Kusuma from khata in dispute. Kewal, the petitioner, filed an objection before the Consolidation Officer that although he had filed objection under Sec. 9 of the Act claiming his right over the land in dispute but while passing the orders dated 30.1.1997 and 28.4.1997 he was not given any notice or opportunity of hearing. The orders have been passed without considering his objection in respect of the land in dispute. The Consolidation Officer by order dated 27.3.1998 dismissed the objection of Kewal on the ground that he has already decided the dispute relating to khata No. 22 as such has no jurisdiction to pass fresh order.