VIKRAM NATH,J. - (1.) THIS petition has been filed under Article 226 of the Constitution for issuing a writ of certiorari quashing the orders dated 7th January, 1974, 23rd April, 1971 and 22nd January, 1971 passed by all the three consolidation courts i.e. respondent nos. 1 to 3 respectively.
(2.) DISPUTE relates to khata nos. 63, 63A and 63 B of village Banwadih, Pargana, Angoli, District Jaunpur (hereinafter referred to as the land in dispute). In the basic year khata no.63 was recorded in the name of Ram Iqbal and others (some of the respondents), khata no.63A was recorded in the name of Sarjoo and Dev Saran, respondent nos.18 and 19 and khata 63 B was recorded in the name of Indrabali and purchasers of the share of Ram Narain, Sheo Mahal and Achhaiber. The land in dispute is admittedly ancestral. For the purpose of this case, the dispute is between the heirs of Fakir and as to who will succeed to his estate. The pedigree as given in the petition is as follows :- Faqir Kalika Pragas Mst. Bunaoo (widow) (daughters) Mrs. Subicha (widow). Parbati Diljhari Nanjhari Lachi Lakhapatti Dilraji Abhiraji Gujrati Kamta Sanjhari (daugher) Ram Naresh Ram Biwas Ram Charitra Ram Iqbal Rati Pal Chatra Pal Raghu Nath Indersen (son) Ganga Prasad Januna Gomti Ram Bhilakh Ram Deo Harpal Harsnarain Bijai Bahadur Fakir had two sons Kalika and Pragas. Mst. Bunao was wife of Kalika. They had four daughters. On the other side Smt. Subicha was the wife of Pragas and they also had four daughters. Petitioner no.1 Ganga Prasad is the grand son of Smt. Gujrati one of the four daughters born out of the wedlock of Kalika and Smt. Bunaoo. Petitioner nos. 2 and 3 are the grand son of Smt. Parbati one of the four daughters of Pragas and Smt. Subicha. Petitioner nos. 4 and 5 are the purchaser from petitioner nos.1 to 3. Respondent 4/Indersen is the grand son of Smt. Lachi one of the four daughters of Pragas and Smt. Subicha. Objections were filed before the Consolidation Officer under section 9 as also under Section 12 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). One set of application has been filed by petitioner nos. 4 and 5 for recording their names with regard to the land covered by sale deed executed by petitioner nos.1 to 3. Petitioner nos.1 to 3 filed a separate set of objections claiming that they were the sole bhumidhar of 1/3 share of the khatas in dispute and Indersen/respondent no.4 had no title or interest therein and that he had been wrongly transferring the land of the khata in dispute. Indersen/respondent no.4 contested the objections and claimed that he was sole bhumidhar to the extent of 1/3 share in the khata in dispute and that the petitioners had no right, title or interest. The Consolidation Officer framed seven issues and vide judgement dated 22nd January, 1971 directed that khata no.63 will be recorded in the names of 13 persons as per the share mentioned against their names which included the petitioners and respondents both, with regard to khata nos. 63-A and 63-B he directed that they would be partitioned in equal shares between the parties.
(3.) FIVE appeals were filed against the judgement of the Consolidation Officer. All the appeals were consolidated and decided by the Settlement Officer Consolidation vide judgement dated 23rd April, 1971 whereby he dismissed all the five appeals holding that there was no infirmity in the order of the Consolidation Officer. Five revisions were filed before the Deputy Director of Consolidation. The Deputy Director of Consolidation consolidated all the five revisions and vide judgement dated 7.1.1974 dismissed the 3 revisions filed by Jhumak Singh and others, Ganga Prasad Singh and Ram Iqbal and others. The revision filed by Sheo Bahadur Singh was partly allowed and he was declared owner of 0.09 acres in the disputed khatas and lastly the revision filed by Banke Behari was allowed and he was declared Asami of 1/3 share of the disputed khata. It is against these orders of the Consolidation Courts that the present writ petition has been filed.;