ASHOK KUMAR Vs. D D C

JUDGEMENT

(1.) Heard Sri Shashwat Kishore Chaturvedi and Sri Shreeprakash Singh, for the petitioners and Sri P.C. Pathak, for the contesting respondent, Ram Ratan.

(2.) These writ petitions have been filed against the orders of Settlement Officer Consolidation dated 19.03.2016 and Deputy Director of Consolidation dated 17.06.2016, passed in the proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

(3.) The dispute between the parties is in respect of the land of basic consolidation year khatas 221 and 224 of village Nota, tahsil Tahrauli, district Jhansi, which were recorded in the name of Bari Dullaiya widow of Panna Lal. In pursuance thereof, she was allotted chak 389 (which consisted two chaks). Bari Dullaiya died in 1983. Assistant Consolidation Officer, by order dated 26.08.1984, passed in Case No. 259 of 1984, under Section 12 of the Act, recorded the name of Smt. Ram Devi wife of Kaushal Kishore as her heir, being her daughter. Smt. Ram Devi obtained permission of Settlement Officer Consolidation on 29.12.1987 under Section 5 (1) (c) of the Act and executed a sale deed dated 31.12.1987 of half of the area of new plot 1808 [old plots 1066 (area 1.18 acre), 1949/1 (area 2.00 acre) and 1960 (area 0.51 acre)] (which was her second chak) in favour of Ashok Kumar. Smt. Ram Devi again obtained permission of Settlement Officer Consolidation on 16.07.1988 under Section 5 (1) (c) of the Act and executed another sale deed dated 18.07.1988 of remaining half area of plots 1066 (area 1.18 acre), 1949/1 (area 2.00 acre) and 1960 (area 0.51 acre) in favour of Ashok Kumar. Smt. Ram Devi executed a sale deed dated 07.10.1989 of new plot 1842 (area 3.01 acre) (old plots 1220 (area 0.03 acre), 1221 (area 2.02 acre), 1228 (area 0.30 acre), 1229 (area 0.64 acre) and 1232 (area 0.02 acre) (which was her first chak) in favour of Jagat Narayan. The names of Ashok Kumar and Jagat Narain were also mutated, over the land purchased by them.