RAJNISH KUMAR - (1.) Heard, Sri R.R. Upadhyaya, learned counsel for the petitioner and Sri Aftab Ahmad, Advocate holding brief of Sri M.A. Siddiqui, learned counsel for the respondents no. 2 and 3. Notice on behalf of respondent no.1 has been accepted by learned Chief Standing Counsel.
(2.) The instant writ petition has been filed challenging the order dated 27.11.2004 passed by the Deputy Director of Consolidation, Faizabad (respondent no.1) in Revision No.986 / 165.
(3.) The brief facts, for adjudication of the present case, are that the land in dispute relating to Khata No.169 situated in Village- Chandipur Nagahra was recorded in the name of Tulsi Ram son of Ram Sanehi, Khata No.87 situated in Bansawa was recorded in the name of Ram Sanehi son of Sahti and Khata No.857 situated in the Village- Mehdauna was recorded in the name of Tulsi Ram son of Ram Sanehi in the basic year. The dispute was also recorded, showing the mistake and on the basis of enquiry, that the petitioners are the co-tenure holders of the land in dispute so their names should also be recorded. On publication of records, an objection was filed under Section 9(2) of the Consolidation of Holdings Act, 1953 (here-in-after referred as the Act of 1953) by the father of the petitioners about half share in above Khatas i.e. in the land in dispute before Assistant Consolidation Officer (here-in-after referred as the A.C.O.). The matter could not be settled therefore A.C.O. referred the matter to the Consolidation Officer for adjudication. The Consolidation Officer, after consolidating all the cases, framed six issues on the basis of pleadings of the parties. After considering the evidence adduced by the parties and the pleadings, the Consolidation Officer allowed the objection and directed to record the name of the petitioners also as per their shares by means of the order dated 08.02.2002 as their father had died during pendency of the case. The respondents no.2 and 3 filed an appeal because their father had also died during pendency of the case before the Consolidation Officer.;