- (1.) BY this writ petition, the petitioners are challenging the orders dated 27.12.1999, 29.4.2002 and 17.2.2004 passed by respondent no.3, 2 and 1 respectively.
(2.) THE plot in dispute is Khata no. 96 recorded in the Khatauni of 1389 fasli stated to be recorded in the name of one Smt. Tersi widow of late Kisun, Bharath, Gulab, Badshah and Garib recorded in Varg III, old no. 145 area 4-5-00 of which the new no. is 224. According to the petitioners, under consolidation proceedings, objections were filed by the Gaon Sabha Gopur, Pargana Shadiabad, District Ghazipur, under Section 9A(2) of the Consolidation of Holdings Act, 1953 and the same was rejected by the Consolidation Officer by his order dated 12.6.1990. Thereafter proceedings under Section 34 of the U.P. Land Revenue Act, 1901 were initiated before the Naib Tehsildar respondent no.3 who rejected the objections filed by the petitioners by his order dated 9.9.1996 and directed that the name of Smt. Tersi be recorded in the plot in question. The petitioners preferred an appeal before the respondent no.2 and the appellate authority also directed that the plot in question will be recorded in the name of the Gaon Sabha by the impugned order dated 29.4.2002. The revision filed by the petitioners was also rejected by the Additional Commissioner (Judicial II) Region Varanasi by the third impugned order dated 17.2.2004. I have heard Sri M.K. Gupta, learned counsel for the petitioner and the learned additional chief standing counsel representing the respondents 1,2 and 7. None appears for respondents 4 and 5.
(3.) THE submission of learned counsel for the petitioners is that in the mutation proceedings an order was passed on 12.6.1990 rejecting the objections filed by the Gaon Sabha under Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953, copy of the order has been filed in the writ petition as annexure 2. Reading of this order does not disclose as to which plot it relates. In neither of the impugned orders also this order dated 12.6.1990 has been referred too.;