DILIP KUMAR PANDEY Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Shri Sachida Nand Tripathi, learned counsel for the petitioner and Shri Ramesh Chandra Mishra for the respondent no.3, the sole contesting respondent. By means of this writ petition, which arises out of an objection under Section 9A(2) of the U.P. Consolidation of Holdings Act, the petitioner seeks a writ of certiorari for quashing the order dated 17.01.2015 passed by the Consolidation Officer allowing an impleadment application, filed by respondent no.3.

(2.) The order dated 05.11.2016, whereby the petitioner's application for recall of the order dated 17.01.2015 has been rejected and the order dated 29.12.2018 passed by the Deputy Director of Consolidation, whereby the consequential revision filed by the petitioner challenging the orders dated 17.01.2015 and 05.11.2016, has been rejected, are also impugned. Indra Pari Devi, the mother of the petitioner filed an objection under Section 9A(2) of the U.P. Consolidation of Holdings Act challenging the basic year entry in favour of Ram Ujagar, Ram Vilash and Nalin Kant regarding plot no.247 of Khata No.6 situated in village Malav,Tappa Kauswasi, Pargana Bhauwapar, Tehsil Basgaon, District Gorakhpur.

(3.) It appears that the objector Indra Pari Devi died on 15.02.1994. On an application filed by the petitioner, the petitioner and his brother Vipin Kumar Pandey as well as six daughters of Savitri Devi, were ordered to be substituted in her place, vide order dated 03.01.2002. On 20.04.2013, an impleadment application was filed by the respondent no.3, claiming on the basis of an unregistered will, executed by Indra Pari Devi in his favour, whereunder 2/3 share of Indra Pari Devi's land was bequeathed the respondent no.3 while remaining 1/3 share was bequeathed to her natural heirs, including the petitioners.