SANTRAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Tiwari, learned counsel for the petitioner, learned Standing counsel for respondent Nos. 1 and 2 and Sri Durgesh Kumar Singh on behalf of respondent No. 3 and has also appeared on behalf of respondent Nos. 4 and 5 on the basis of caveat filed by him.

(2.) It has been submitted that the present dispute relates to succession of the property which was the original holding of Raja Ram son of Shivram who was a resident of House No. 176, Gram Panchayat Silhaur, Pargana Suryapur, Tehsil Ramsanehighat, District Barabanki. It has been submitted that Rajaram was the origial tenure holder of gata Nos. 932, 813, 885, 890,929, 887 and 888 situated in Village Sil-haur, Pargana Suryapur Tehsil Ram-sanehighat, District Barabanki and according to the petitioner he was unmarried.

(3.) It has been submitted that a joint application was preferred by San-tram son of Jagdish i.e. the petitioner along with one Jai Karan, the predecessor in interest of the private respondents for recording their names in the revenue records on the death of Rajaram. The Assistant Consolidation Officer transferred the file to the Consolida-tion Officer for adjudication and the Consolidation Officer by means of order dtd. 14/6/2002 had allowed the joint application preferred by the petitioner and Jai Karan for recording their names in the revenue records on the death of Rajaram. It is on the basis of the order dtd. 14/6/2002 that necessary mutation was made in the revenue records. It has been submitted that one Mithilesh Kumari alleging herself to be the sister of the deceased Rajaram moved an application for recall on 19/9/2003 stating that she is the only surviving legal heir of Rajaram and on the basis of her relationship the property deserves to be re-corded in her name. In the said proceedings the petitioner along with Jai Karan had participated and also filed objections on 3/1/2006. In paragraph 2 of the said application it is stated that there is no infirmity in the order passed by Consolidation Officer dtd. 14/6/2002 and prayed for rejection of the application for recall preferred by Mithilesh Kumari. The Consolidation Officer by means of order dtd. 20/3/2007 rejected the application for recall.