- (1.) Heard Sri S.C. Tripathi, for Narendra Kumar, the petitioner and Sri K.C. Kishan Srivastav, for Pravesh Kumar and others, the respondents. In the aforementioned writ petitions, disputes are in respect of same properties between the same parties. With the consent of the parties, these writ petitions are consolidated and heard together and are decided by a common judgment.
(2.) Writ-B No. 11487 of 2010 has been filed for a mandamus restraining, the Deputy Director of Consolidation (respondent-1) and Settlement Officer Consolidation (respondent-2) from deciding the lis between the parties, on the basis of alleged will dated 27.03.2004 and to stay the further proceedings, in all the matters pending before them, till the final decision of Civil Court, in respect of will dated 27.03.2004, allegedly executed by Mata Prasad in favour of Shamsher Bahadur and others (respondents-4 to 8) and for mandamus restraining the contesting respondents from interfering with the possession of the petitioner over his 1/3 share in the disputed properties. The appeal arises and is pending before respondent-2 out of proceeding, under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Writ-B No. 518 of 2011 has been filed against the order of Upper Zila Adhikari (Bhu-Rajasva)/Deputy Director of Consolidation (respondent-1) dated 29.12.2010, dismissing Revisions Nos. 60 of 2010-11 and 67 of 2010-11 and the order of District Deputy Director of Consolidation (respondent-2) dated 09.09.2010 transferring the aforesaid revisions from the court of Deputy Director of Consolidation and for mandamus restraining Settlement Officer Consolidation (respondent-3) from deciding the the appeal pending before him.;