Ashok Bhushan, J. - (1.) Heard Counsel for the petitioner.
(2.) By this writ petition the petitioner has prayed for quashing the order dated 7-4-2001 passed by respondent No. 1 and order dated 5-1-1985 passed by respondent No. 2 and the orders dated 6-3-1986 and 15-6-1989 passed by the respondent No. 3.
(3.) One Babu Lal was recorded tenure holder of Khata No. 43 situated in village Fatehpur and Sohabpur and Khata No. 70 situate in village Jagdishpur, Paranga Nawabgam Tahsil Soraon, District Allahabad. Consolidation proceedings started Babu Lal died on 23-3-1983 After the death of Babu Lal the name of Smt. Jitau was recorded over the Khatas of Babu Lal by the order of the Assistant Consolidation Officer dated 19-1-1989. Smt. Jitau is sister of the deceased. Petitioner filed an appeal against the aforesaid order claiming that Will has been executed by the deceased in his favour and his name should be recorded on the basis of the Will. Petitioner filed an objection also before the Assistant Consolidation Officer on 25-1-1984 claiming right on the basis of Will executed by the deceased. The Consolidation Officer dismissed his objection on 6-3-1986. The Settlement Officer of Consolidation has also dismissed the appeal on 5-1-1985 With regard to village Jagdishpur petitioner filed objection on 3-1-1989 under Section 9-A(2) of the U.P. Consolidation of Holdings Act on which the Consolidation Officer passed an order dated 15-6-1989 rejecting the said objection on the ground that it is highly barred by lime. Revisions were filed by the petitioner which have been dismissed by the Deputy Director of Consolidation on 7-4-2001. In his order dated 7-4-2001 the Deputy Direct' of Consolidation has disbelieved the Will claimed to have been execute by the deceased in favour of the petitioner. The Deputy Director of Consolidation has taken into consideration fact that even the date c the Will was not disclosed in the objection and neither original Will nor photostat copy of the Will was file before the Consolidation Officer or before the Settlement Officer of Consolidation. The original Will was filed before the Deputy Director of Consolidation by the petitioner. The Will dated 2-12-1975 filed before the Deputy Director of Consolidation is unregistered. The Deputy Director of Consolidation has taken into consideration the facts of the case and circumstances under which the Will executed in favour of the petitioner could not have been accepted. The Deputy Director of Consolidation also placed reliance on the tact that there was litigation between the petitioner and Babu Lal deceased and the execution of the Will in favour of the petitioner cannot accepted. Further, Smt. Jitau has sold certain property to some persons and their names were also recorded but the petitioner never took steps for impleading them.;