RAKESH SHARMA, J. - (1.) HEARD Shri Vishal Singh, learned counsel for the petitioners, learned Standing Counsel for the respondents no.1 and 2 and Shri Shafiq Mirza for the respondent no.3. This writ petition has come up for admission today and ex-parte interim order was granted by this court and the private respondents have sought vacation of ex-parte interim order and have insisted that the writ petition may be heard and disposed of at the admission stage. Counter and Rejoinder Affidavits have been exchanged between the parties and with the consent of the parties, this writ petition is being disposed of at the admission stage.
(2.) THROUGH this writ petition, the petitioners have challenged the order dated 22.05.2006 passed by the Deputy Director of Consolidation, Gonda and the order dated 13.08.1985 passed by Consolidation Officer, Gonda. In the present case only the appellate authority i.e. Settlement Officer of Consolidation has recorded findings in favour of the petitioners. Rest of the Consolidation Authorities have dismissed the claim set up by the petitioners. The dispute relates to title for the agricultural land situate in village Ujjaini Kala, Tehsil and District Gonda. For convenience the pedigree of family of Kadir Baksha is quoted below:- Kadir Baksha Habibur Rahman (two marriage) Kalsumnisha Nazbun Nisha (Earlier married with Abdul Sameed.. During their wedlock, respondent no.3, Abdul Ahad was born) After death of Sri Abdul Samad, Nazbun Nisha was married with Habibur Rahman. Subhan 4 sons Bankey Kabban Jhingai Shahid
(3.) THE above pedigree has been denied by the opposite party no.3. According to him, following shall be the pedigree as far as sons of Kalsumnisha are concerned. Subhan had died issueless leaving no heirs/sons. Kalsumnisha (died issueless) Safiq Subhan (died issueless);