- (1.) Heard Sri Suresh Chanrda Verma for the petitioners and Sri Tarun Verma for the respondents.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 09.08.1995 passed in Revision No. 1121 Hari Ram Singh and others Vs. Smt. Sharda Devi and others, order of Assistant Settlement Officer Consolidation (respondent-2) dated 09.06.1995 passed in Appeal Nos. 522/3544 and 523/ 3543 Hari Ram Singh and others Vs. Smt. Sharda Devi and others and order of Assistant Consolidation Officer (respondent-3) 17.02.1993 passed in Case No. 386, arising out of title proceedings under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to the land of the third chak (area 3.49 acre) of chak No. 204 belonging to Kailash Narain Singh, of village Pindra, pargana Kol Asla, district Varanasi. There is no dispute in respect of title of Kailash Narain Singh (respondent-7). Respondent-7 executed a sale deed dated 19.09.1991 in respect of 1/2 share of his third chak No. 204, in favour of Smt. Sharda, Bulaki and Sheo Murat (respondents-4 to 6) and names of the transferees were mutated on its basis by order dated 12.01.1992. It is alleged that respondent-7 then executed a registered agreement to sell his third chak No. 204 (area 3.49 acre) in favour of the petitioners. However, in spite of the agreement to sell, respondent-7 executed another sale deed dated 19.05.1992 in favour of respondents-4 to 6 in respect of his remaining 1/2 share of his third chak No. 204. Registration of this sale deed was delayed in the office of Sub-Registrar due to deficiency of the stamp papers and ultimately the sale deed was registered on 08.01.1993. The petitioners claimed that in the meantime respondent-7 executed a sale deed dated 26.06.1992 in their favour of the land in dispute which was registered on 30.06.1992. The petitioners got their names mutated over the land in dispute by the order of Assistant Consolidation Officer dated 19.11.1992 which was incorporated in consolidation records. On the registration of the sale deed dated 19.05.1992, on 08.01.1993, respondents-4 to 6, illegally got their names mutated by order dated 17.02.1993.;