SHAKUNTALA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner and Sri Pawan Kumar Pandey, learned counsel representing the respondent no.2. By means of this petition filed under Art. 226 of the Constitution of India a challenge has been made to the order dated 11.06.2010 passed by the Deputy Director of Consolidation, Unnao in revision petition under Sec. 48 of U.P. Consolidation of Holdings Act which was filed by the respondent no.2 challenging the order dated 25.09.2008 passed by the Settlement Officer of Consolidation whereby the appeal preferred by the respondent no.2 against the order of the Consolidation Officer, dated 09.07.2007 was dismissed.

(2.) The subject matter of the writ petition relates to the title dispute in respect of gata no.76, chak no.64 situate in village Sandauli, Pargana Maurawan, Tehsil Purwa, District Unnao, which was recorded in the basic year in the name of Devi Deen alias Nibra. On commencement of the consolidation proceedings in the village, three sets of objections under Sec. 9-A (2) of U.P. Consolidation of Holdings Act were filed claiming right over the land in dispute. The first objection was filed by Gurudei, who was the mother of the petitioner, claiming that she being the widow of the deceased tenure holder is entitled to succeed the property in terms of the provision contained in Sec. 171 of U.P. Z.A and L.R.Act. The second objection was filed by one Gyana claiming herself to be the daughter of the deceased tenure holder Devi Deen. The third objection under Sec. 9-A (2) of the Act was filed by Smt Parmeshwari, who is the mother of Smt Shiv Pyari-respondent no.2 laying her claim on the basis of will deed said to have been executed by the deceased tenure holder Devi Deen on 07.08.1979, which is said to have been registered on 07.09.1979.

(3.) The parties before the Consolidation Officer led the evidence and the Consolidation Officer vide his order dated 09.07.2007 allowed the objections filed by Gududei i.e. mother of the petitioner and rejected the claim of Smt Gyana and Smt Parmeshwari.