KANHAIYA LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION LUCKNOW

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Standing Counsel.

(2.) The petitioners are aggrieved by the order dated 30.1.1980 passed by the Consolidation Officer, Lucknow and the order dated 25.9.2018 passed by the Deputy Director of Consolidation, Lucknow as also the order dated 31.10.2019 again passed by the Deputy Director of Consolidation, Lucknow.

(3.) It has been submitted that one Chandrika Prasad son of Bal Kishan resident of Village Kakrabad, Pargana, Tehsil and District Lucknow was the recorded tenure holder of Plot nos.181, 574, 816, 833, 1084, 1154, 1284 and 1032. The total plots measured about 3 Bigha, 17 Biswan and 6 Biswansi. Chandrika Prasad bequeathed his entire property movable and immovable through a registered Will dated 24.7.1970 in favour of Shri Thakurji Maharaj Virajman, intending that its management shall be entrusted to three petitioners herein. In consolidation proceedings, the plot numbers were given new khasra numbers and the property was consolidated with area ad-measuring 0.8750 hectare. On the death of Chandrika Prasad, mutation proceedings were initiated by the Consolidation Officer as at that time, consolidation operations were in progress. In such mutation proceedings, the petitioners claimed that they succeeded to the property as Managers. The registered Will was produced before the Consolidation Officer, but their claim was rejected and the name of Shri Thakurji Maharaj Virajman alone was shown by the Consolidation Officer in the revenue records. The petitioners preferred a revision before the Deputy Director of Consolidation on 22.12.2017. The Deputy Director of Consolidation by an order dated 25.9.2018, dismissed the revision on its merit as well as on the ground of delay. Being aggrieved by the order dated 25.9.2018, the petitioners filed an application under Section 41 of the U.P. Consolidation of Holdings Act read with Section 202 of the U.P. Land Revenue Act, this time for correcting the mistake in the order dated 25.9.2018, but their application has also been rejected by the order dated 31.10.2019.