- (1.) Heard Sri N.C. Rajbanshi, Senior Advocate, assisted by Sri Chandra Prakash Shukla, for the petitioners and Sri M.A. Qadeer, Senior Advocate, assisted by Sri Ashok Kumar Tripathi, for the respondents in Writ Petition No. 1755 of 2008 and Sri H.M.B.Sinha, for the petitioners and Sri M.A. Qadeer, Senior Advocate, assisted by Sri Ashok Kumar Tripathi for the respondents, in other connected writ petitions.
(2.) Writ Petition No. 1755 of 2008 has been filed for quashing the order of Deputy Director of Consolidation, Meerut (respondent-1) dated 17.12.2007, passed in Revision No. 692, Krishnapal and others Vs. Sunder Lal and others and order of Settlement Officer Consolidation, Meerut (respondent-2) dated 19.08.1998, passed in Appeal No. 47, Bhanwar Singh and others Vs. Sunder Lal and others and order of Consolidation Officer, Meerut dated 16.07.1985 passed in Case Nos. 177, 285, 286, 288, 290 and 291 Sunder Lal Vs. Murari and others, arising out of title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Writ Petition No. 3686 of 2008 has been filed for quashing the order of Deputy Director of Consolidation, Meerut (respondent-1) dated 17.12.2007, passed in Revision No. 691, Smt. Phoolwati and others Vs. Sunder Lal and others and Revision No. 696, Om Pal and others Vs. Sunder Lal and others. Writ Petition No. 19931 of 2000 has been filed for quashing the order of Deputy Director of Consolidation, Meerut (respondent-1) dated 17.04.2000, passed in Reference No. 699, Smt. Phoolwati and others Vs. State and others and order of Settlement Officer Consolidation forwarding the aforesaid reference.
(3.) The dispute relates to basic year khata 6 and 7 of village Dahar, tahsil Sardhana, district Meerut. These khatas were formed with previous consolidation khatas 108, 136, 137, 138, 193, 212, 213, 305, 324, 329, 330, 331, 365, 392 and 393. In basic consolidation year, names of Murari, Bhanwar Singh sons of Rai Singh Sunder Lal, Om Prakash, Jai Lal, Jawahar Singh, Bahoran sons of Ganga Ram, Subhash son of Asha Ram, Phoolwati, Parasi, Kishni, Chhoti daughters of Madu were recorded over the land in dispute. Sunder Lal and others (branch of Shiv Sahay) filed an objection claiming share in the land in dispute on the basis of pedigree (except the land of Smt. Bakhtawari, over which they claimed exclusive right). Murari and Bhanwar Singh sons of Rai Singh filed an objection claiming exclusive right over the land of the area of 4 bigha 10 biswa 5 dhur, acquired through patta dated 13.08.1941 and land of the area of 1 bigha 10 biswa 5 dhur of Bakhtawari and in remaining area share be determined according to the pedigree. Kharak Singh and Hukum Singh filed an objection claiming that they had purchased share of Phoolwati, Parasi, Kishni, Chhoti daughters of Madu through sale deed dated 20.02.1979 and their names be recorded. Phoolwati filed an objection that her share in the land in dispute is 4/35 and not 1/12.;