JAGWANTI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Triveni Shanker, Senior Counsel assisted by Sri Ajay Shankar, for the petitioner and Sri P.N. Saxena, Senior Counsel assisted by Sri Surendra Tiwari, for respondent nos. 4 to 6.

(2.) The counsel for the respondents agree that the writ petition may be finally decided on the averments made in and the documents annexed with the writ petition itself and no counter affidavit is required.

(3.) The facts of the case are that one Ghurahu Ram had three sons, namely, Tarkeshwar Pandey, Kedar Nath and Ishwar Prasad. The petitioner is the widow of Ishwar Prasad. Kedar Nath died issueless. Tarkeshwar Pandey had three sons, namely, Raj Kumar, Raja Ram and Amresh Chand who have been impleaded as respondent nos. 7 to 9 in the present writ petition. Alok Kumar and Anurag Kumar, i.e., respondent nos. 4 and 5 are the sons of Raj Kumar and Neeraj Kumar, i.e., respondent no. 6 is the son of Amresh Chand. Ghurahu Ram was the original tenure holder of Khata No. 39, i.e., the disputed khata. The aforesaid facts are admitted by the parties. It has been stated in paragraph nos. 5 and 12 of the writ petition that Tarkeshwar Pandey died in 2016, Kedar Nath died in 2001 and Ishwar Prasad died in 2005. The aforesaid fact regarding the death of Tarkeshwar Pandey, Kedar Nath and Ishwar Prasad has also been admitted by the counsel for the respondents during the course of argument. In Case No. 125 of 1994 registered under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950'), the respondent nos. 7 to 9 were held co-tenure holders of the disputed khata vide order dated 29.2.1996 passed by the Deputy District Magistrate, Robertsganj and through the aforesaid judgment, the said respondents were held to have equal shares in the disputed khata along with Tarkeshwar Pandey, Kedar Nath and Ishwar Prasad. It is apparent that the decree dated 29.2.1996 was passed while Tarkeshwar Pandey, Kedar Nath and Ishwar Prasad were alive. It appears that the judgment and decree dated 29.2.1996 passed in Case No. 125 of 1994 was never challenged before any court. During the consolidation operations in the village, the petitioner filed objections under Section 9- A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') claiming herself to be a co-tenure holder of the disputed khata having half share in the same as on the date when the objections were filed, Ishwar Prasad, i.e., the husband of the petitioner as well as Kedar Nath and Tarkeshwar Pandey had died. The claim of the petitioner was that after the death of Kedar Nath who died issueless, his estate shall devolve in equal shares on the descendants of Tarkeshwar Pandey, i.e., respondents nos. 4 to 9 and the heir of Ishwar Prasad, i.e., the petitioner. In their reply, the respondents pleaded that by virtue of the decree dated 29.2.1996 passed in Case No. 125 of 1994, Ishwar Prasad had 1/6 share in the disputed khata and, therefore, the petitioner as the heir of Ishwar Prasad also held 1/6 share in the disputed khata. The Consolidation Officer vide his order dated 6.12.2018 relying on the decree dated 29.2.1996 passed in Case No. 125 of 1994 held that Ishwar Prasad and consequently the petitioner along with other co-tenure holders of the disputed khata which included Kedar Nath had 1/6 share in the disputed khata and consequently after the death of Kedar Nath in 2001 the petitioner had 1/5 share in the disputed khata. Aggrieved by the order dated 6.12.2018 passed by the Consolidation Officer, the petitioner filed appeals before the Settlement Officer of Consolidation which were dismissed by the Settlement Officer of Consolidation vide his order dated 25.3.2019. The orders passed by the Consolidation Officer and the Settlement Officer of Consolidation were affirmed by the Deputy Director of Consolidation vide his order dated 28.6.2019. The orders dated 28.6.2019, 25.3.019 and 6.12.2018 have been challenged in the present writ petition.