SANGEETA CHANDRA,J. - (1.)These are the two writ petitions filed by Gokaran Nath (now substituted) along with heirs of Ayodhya Prasad his brother, against orders passed by the Consolidation Authorities on objections filed by the Predecessor in interest of the respondent nos. 4 to 8 on Sec. 9A(2) objections and on application under Rule 109 of the Rules framed under the Consolidation of Holding Act (hereinafter referred to as "the Act"). The facts in both the writ petitions are common stated in the writ petitions that land of Khata Nos.26, 27, 106 and 107 are situated in village Nibia Raibhoja, Tehsil Naanpara district Bahraich. The Land of Khata number 26 was recorded solely in the name of Gokaran Nath where as land of Khata number 27 was jointly recorded in the name of Gokarannath and Anand Swaroop the father of opposite party number2 to 8 with one half share each Land of Khata number 106 was recorded jointly in the name of Gokarannath along with his three brothers all sons of Raghunandan Prasad, with one fourth share of each and land of Khata number 107 was recorded jointly in the name of Gokarannath and his three brothers sons of Raghunandan Prasad and Anand Swarup grandson of Mahadev Prasad To the tune of one fifth share each In the basic year Khatauni.
(2.)During consolidation operations objections were filed under the sec. 9A2 by Anand Swaroop and the Assistant Consolidation Officer passed orders on 2212 1986 and on 23/12/986 on the basis of conciliation directing that land of Khata number 27 and all other Khatas be recorded in the name of Gokaran Nath and his three brothers, sons of Raghunandan Prasad, and also in the name of Anand Swaroop Grandson of Mahadeo Prasad. Land of all Khatas except Khata number 26 were treated as ancestral land and Gokaran Nath and his three brothers and Anand Swaroop were all given 1/5 share in each of the Khatas. The order dtd. 22/12/1986 and 23/12/1986 passed by the ACO under sec. 9A2 was implemented in the records and Chak of the parties were carved out under sec. 21 of the Act. The extract of CH form 23 has been filed as Annexure 6 to the petition.
(3.)After the death of Anand Swarup his legal heirs the opposite parties number 4 to 8 filed a time barred appeal against the orders dtd. 22/12/1986 and 23/12/1986. It has been stated that without any notice or summons being served upon the petitioner number one and other respondents to the appeal, the Appeal was allowed and the matter remanded ex-parte on 28/2/1990. After remand of the case On 5/1/1991 an order was passed by the Consolidation Officer that in spite of publication in the Gazette the defendant Gokarannath was not present and the case would proceed ex-parte against him and fixed the date of 22/1/1991 for hearing.