AMRAWATI Vs. D.D.C. AND ORS.

JUDGEMENT

(1.) Heard Sri Arvind Srivastava, for the petitioner and Sri Gajendra Pratap, Senior Advocate, assisted by Sri Arvind Kumar Kushwaha, for respondent -4.

(2.) This writ petition has been filed against the orders of Consolidation Officer dated 31.01.2011, Settlement Officer Consolidation dated 02.06.2011 and Deputy Director of Consolidation dated 14.07.2015, passed in title proceeding under Section 9 -A (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute pertains to the land recorded in basic consolidation year khata 141 (consisting of plots 16/684 (area 0 -1 -0 bigha), 17 (area 1 -13 -0 bigha), 25 -kha (area 0 -5 -0 bigha), 34 (area 0 -2 -0 bigha), 146 (area 0 -5 -0 bigha), 148 -kha (area 0 -3 -0 bigha), 149 (area 0 -3 -0 bigha), 160 (area 1 -0 -0 bigha), 161 -kha (area 0 -11 -0 bigha), 162 (area 1 -0 -0 bigha), 212 -kha (area 1 -16 -0 bigha), 220 -kha (area 0 -2 -0 bigha), 222 (area 0 -3 -0 bigha), 223 (area 0 -3 -0 bigha), 224 (area 0 -3 -0 bigha), 230 -ka (area 0 -2 -0 bigha), 321 -kha (area 0 -14 -0 bigha), 328 -cha (area 0 -4 -0 bigha), 329 (area 6 -3 -0 bigha), 340 -ka (area 0 -10 -0 bigha), 368 -ka (area 6 -2 -0 bigha), 371 (area 0 -8 -0 bigha), 386 (area 1 -4 -0 bigha), 400 -ka (area 0 -11 -0 bigha), 436 -ga (area 0 -5 -0 bigha), 437 -kha (area 0 -2 -0 bigha), 443 -k (area 0 -10 -0 bigha), 444 -kha (area 0 -10 -0 bigha), total 28 plots (area 24 -15 -0 bigha), of village Raipura, tahsil Robertsganj, district Sonebhadra, in the name of Smt. Gangi, widow of Ram Surat. During partal following disputes amongst other were raised and noted in CH Form -4: - (i) Smt. Parwati (respondent -4) and Smt. Nanki filed an objection on 21.08.1991 under Section 9 (2) of the Act, for recording their names over the land in dispute as the heirs of Mewa (being his daughters) and deleting the name of Smt. Gangi and their transferees from khata in dispute. Smt. Nanki died in January 1996 and in her place Banarasi was substituted on 12.03.1996. Now Smt. Parwati is representing him. (ii) Shiv Shankar (respondent -7) claimed for recording his name over plots 160 (area 1 -0 -0 bigha) and 161 (area 0 -11 -0 bigha) on the basis of sale deed executed by Ram Surat in his favour. (iii) Smt. Amrawati (the petitioner) claimed for recording her name over plots 371 (area 0 -8 -0 bigha), 386 (area 1 -4 -0 bigha), 436 -ga (area 0 -5 -0 bigha), 443 -k (area 0 -10 -0 bigha) on the basis of sale deed executed by Ram Surat in her favour. (iv) Zahruddin (respondent -6) claimed for recording his name over plot 212 (area 1 -16 -0 bigha) on the basis of sale deed executed by Ram Surat in his favour. Various other disputes were also noted in respect of different plots of khata 141 in CH Form -4 but its reference are not relevant. Assistant Consolidation Officer referred the disputes to Consolidation Officer for decision and issued notices to the parties. Subsequently Smt. Gangi filed various objections on 28.08.1991 under Section 9 (2) of the Act for rejecting the claims of various persons as noted in CH Form -4. Amrawati filed an objection on 20.08.1991, claiming that Smt. Gangi executed two sale deeds 17.02.1989 and 13.07.1996 of the land in dispute in her favour as such her name be recorded over all the plots of the khata in dispute. During pendency of the cases, before Consolidation Officer, Smt. Gangi died in August 1998 and in her place, Amrawati was substituted as her legal representative by order dated 11.08.1999. Zahruddin (respondent -6) and Shiv Shankar (respondent -7) also filed their separate objections under Section 9 (2) of the Act.