Poonam Srivastav, J. - (1.) HEARD Sri Sankatha Rai counsel for petitioners and Sri R.K. Upadhyaya counsel for respondents.
(2.) THE instant writ petition has been filed challenging the orders dated 13.8.2003 passed by Dy. Director Consolidation, Varanasi, 31.3.1994 passed by Assistant Settlement Officer Consolidation, Varanasi, and 2.5.1992 passed by Consolidation Officer Baragaon Varanasi. Counsels for respective parties have exchanged counter and rejoinder affidavits. Written arguments have also been submitted on behalf of both parties. Petitioners are co-tenure holders along with one Jokhan son of Kharpattu and the disputed land in question was a joint holding. Pedegree as claimed by petitioners is reproduced here in below: JUDGEMENT_624_ADJ9_2010Image1.jpg
(3.) THE dispute in the instant petition relates to Khata No. 52 consisting of 3 plots having an area of 1.54 acres, Khata No. 68 consisting of 6 plots having an area of 2.47 acres and Khata No. 271 consisting of 13 plots having an area of 4.14 acres situated in village Chandausi, Pargana Ralhupur, District Varanasi (now district Chandauli). When consolidation operation commenced, Jokhan son of Kharpattu was recorded as Sirdar of Khata No. 271 whereas he was recorded as Bhumidhar in Khata Nos. 52 and 68. Objection was preferred by Smt. Dulari wife of Dev Raj mother of contesting respondents on behalf of her sons namely Prabhu Narain, Suraj Prasad and Shiv Prasad claiming Sirdari right over Khata No. 271 on the ground of long standing possession. A compromise was also brought on record in respect of Khata No. 271 between Jokhan and respondents. Objection in regard to the said Khata was allowed by Assistant Consolidation Officer vide order dated 22.9.1977.;