KAMLA PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION BARABANKI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.

(2.) The facts of this case, which can be culled out from the pleadings available on record, are that the land in question was recorded in the basic year in the name of one Ramphal. There were three sets of claimants to the land in question, namely, Kamla Prasad (petitioner), Virendra Singh and others (respondent nos.3 to 5) and one Smt. Shanti Devi. The claim put forth before the Consolidation Officer in respect of the land in question by Smt. Shanti Devi was that she was sister of the original tenure holder Ramphal and accordingly her name was recorded under Sec. 33-A of U.P. Land Revenue Act in form P.A.-11 before the consolidation operations were started in the village concerned. The petitioner put forth his claim on the basis of a registered will said to be executed on 26.10.1985. The claim as canvassed by the respondent nos.3 to 5 before the Consolidation Officer was also based on another will-deed dated 05.09.1985.

(3.) The Consolidation Officer accordingly proceeded to consider the claim of the respective parties, however, it appears that Smt. Shanti Devi and Virendra Singh and others did not appear and accordingly an order was passed on 16.05.2000 for carrying on the proceedings ex-parte by the Consolidation Officer. The Consolidation Officer thereafter passed his final judgment and order dated 16.12.2003 whereby in absence of the claim of the rest of two claimants, Smt. Shanti Devi and Virendra Singh and others, the claim put forth by the petitioner was accepted and accordingly on the basis of will-deed said to have been executed in favour of the petitioner, the Consolidation Officer passed an order for recording his name as tenure holder of the land in question.