- (1.) Heard Sri Arun Kumar, counsel for Mahatam and Malkha alias Subhash Singh and Sri H.S.N.Tripathi, and Sri S.K. Mishra for Ramji, Kush Pal and others.
(2.) Writ Petition No. 5580 of 1979 has been filed for quashing the order of Deputy Director of Consolidation, Deoria dated 18.07.1979, passed in Revision No. 782, Ganpat & another Vs. Mahatam and others and Revision No. 788, Smt. Samraji Vs. Mahatam and others, arising out of title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute in Writ Petition No. 5580 of 1979 relates to plot Nos. 512 (area 1.05 acre) of village Nagri, pargana Sidhuwa Jobna, district Deoria. In basic consolidation year, an area of 1.05 acre of plot 512-Ba was recorded in khata 25, in the name of Smt. Batisa widow of Nakchhed while an area of 0.49 acre of plot 512-Aa was recorded in khata 27, in the names of Smt. Batisa widow of Nakchhed and Ganpat son of Chhattar. The Consolidation Officer held that entry of an area of 0.49 acre of plot 512-Aa, recorded in khata 27 was double and unauthorized entry and directed to be deleted. This finding has been accepted by all the parties. Mahatam filed an objection under Section 9 of the Act, for recording himself and Smt. Gena as an heir of Smt. Batisa. Ganpat filed an objection under Section 9 of the Act, for recording his name as an heir of Smt. Batisa, claiming himself to be brother's son of Smt. Batisa. Smt. Samraji filed an objection under Section 9 of the Act, for recording her name along with the names of Mahatam and Gena as an heirs of Smt. Batisa. Later on Smt. Gena and Satya Narian also filed their separate objections claiming themselves also as the heirs of Smt. Batisa. The objections were registered as Case Nos. 135, 136 and 137. All the objections were consolidated and tried together by the Consolidation Officer-II, Padrauna, Deoria, who by order dated 26.04.1976, found that entry of an area of 0.49 acre of plot 512-Aa in khata 27 is double and unauthorized entry and liable to be deleted. The land in dispute was ancestral property of the time of common ancestor Isari as such after death of Batisa, Mahatam, Malkha alias Subhash Singh and Smt. Samraji are her heirs. However Ganpat has obtained bhumidhari certificate along with Smt. Batisa as such so long as bhumidhari certificate granted in favour of Ganpat is not canceled, his name is liable to be recorded over 1/2 share of the land in dispute. On these findings he held share of Ganpat as 1/2, and share of Mahatam, Malkha alias Subhash Singh and Smt. Samraji as 1/6 each and directed for recording their names over the land in dispute.;