R.H.ZAIDI, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of certiorari quashing the orders passed by the Deputy Director of Consolidation and the Settlement Officer, Consolidation dated 7.1.1981 and 16.9.1980, respectively.
(2.) THE relevant facts of the case giving rise to the present petition, in brief, are that the dispute related to Chak No. 39 of village Bisrapur and Chak No. 44 of village Gajpur, district Basti, (for short 'the land in dispute'). In the basic year, the names of Smt. Pandubba and Smt. Jhunuk Dei were recorded over the land in dispute in the revenue papers. On receipt of C.H. Form No. 5, objections were filed by the respondent Nos. 3 and 4, claiming that Smt. Pandubba executed a gift deed in respect of her half share in the land in dispute in their favour on 9.2.1970. Another objection was filed by the petitioner who has claimed that Smt. Pandubba during her lifetime executed a registered sale deed of her share in his favour on 22.9.1969 and also delivered possession to him, therefore, the basic year entries as indicated above were liable to be corrected accordingly. In the present case, the dispute is confined to the share of Smt. Pandubba in the land in dispute. The share of Smt. Jhunuk Del, widow of Umapati is not disputed.
(3.) THE Consolidation Officer, on the basis of the pleadings of the parties, framed the following issues ; (1) Whether gift deed dated 9.2.1970 is valid and operative in eye of law? (2) Whether sale deed dated 22.9.1969 is valid and operative in eye of law? (3) Who is legal heir of Smt. Pandubba? (4) Whether Hari Ram etc. are bhumidharis of the land in suit on the basis of gift deed? (5) Whether Narsing Prasad is bhumidhar of the land in suit on the basis of sale deed? ;