SUNIL KUMAR AND ANOTHER Vs. ASSISTANT DIRECTOR OF CONSOLIDATION, MUZAFFARNAGAR AND OTHERS
HIGH COURT OF UTTARAKHAND
Sunil Kumar And Another
Assistant Director Of Consolidation, Muzaffarnagar And Others
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B.S. Verma, J. -
(1.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned judgment and order dated 4-9-1998 passed by the Assistant Director of Consolidation Muzaffarnagar (Annexure-11 to the writ petition) in Revision Nos. 262 Gopi and others v. Atar Singh and others and Revision No. 263, Sunil Kumar and others v. Atar Singh and others, whereby both the revisions were dismissed. The petitioners have also assailed the impugned judgment and order dated 12-6-1995 passed by the Settlement Officer Consolidation Haridwar(Annexure-9 to the writ petition) and the order dated 23-2-1994 passed by the Consolidation Officer (Annexure-8 to the petition).
(2.) By the order dated 23-2-1994, the Consolidation Officer Roorkee allowed the objection filed by respondent no. 4 Atar Singh and expunged the name of Baldei wife of Raghubir Singh Daughter of late Sri Amar Singh from Khata No. 115 of village Raisi, on the basis of adoption deed. The Consolidation Officer at the same time dismissed the objections filed by Satpal son of Asha Ram and Sunil Kumar son of Atma Ram as well as the objection of Harbansh and Gopi. By the order dated 12-6-1995, the Appeal Nos. 187 Gopi and others v. Atar Singh and others and Appeal No. 188 Sunil Kumar and others v. Atar Sigh and others, preferred against the order of the Consolidation Officer were dismissed by the SOC. Further aggrieved by the judgment and order revision was preferred by the petitioner before Deputy Director of Consolidation. The D.D.C. dismissed the revision vide order dated 4-9-1998.
(3.) Briefly stated the facts giving rise to the present writ petition, according to the petitioners are that the predecessor of the respondent no.. 4 Atar Singh as well as respondent nos. 5 to 13 namely Sobha had two sons, namely, Ganga Sahay who had died in the year 1958, and Amar Singh, who had died in the year 1971. Ganga Sahay left behaind him three sons, i.e. Phullu, Bishan and Hargyan as his legal heirs. Phullu died in the year 1978. Respondent no. 4 Atar Singh is the son of Phullu. On the other side, Kala and Baldei were the son and daughter of Amar Singh. Kala is alleged to have died during the life time of late Amar Singh. Late Baldei, daughter of Amar Singh left behind her two sons-Gopi (respondent no. 9 herein) and Harbansh. Harbansh had four sons Mange Ram, Boby, Raju and Sanjay. So far as the pedigree of the contesting parties is concerned, there is no dispute between the parties.;
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