HONBLE.RAM SURAT RAM , J. - (1.) HEARD Sri Durga Prasad Srivastava, counsel for the petitioner and Sri Jokhan Prasad, for respondent -3.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation (respondent -2) dated 20.11.2009 and Deputy Director of Consolidation (respondent -1) dated 08.08.2013, passed in the proceeding, arising under Section 12 of U. P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute relates to the land recorded in chak 293 of village Bihara tappa Nawai, tahsil Harraiya, district Basti, which was recorded in the name of Ram Milan son of Ganga Deen. Ram Milan died in the year 1978. Smt. Rajpati filed an application under Section 12 of the Act, on 07.06.1978 for mutation of her name as widow of Ram Milan. Thereafter, Bhagauti and Girdhari filed an application under Section 12 of the Act on 08.06.1978 for mutation of their names, as the heirs being real brother of Ram Milan and denied Smt. Rajpati being widow of Ram Milan. The petitioner filed an application under Section 12 of the Act on 25.09.1980 for mutation of his name, claiming himself as the son of Ram Milan. Smt. Rajpati died during pendency of the aforesaid cases. Baburam filed an application for substituting him as an heir of Smt. Rajpati, on the basis of a registered will dated 04.04.1984, executed by her in his favour. In order to prove his case, Baburam filed registered will dated 04.04.1984, certified copy of the order of Sub -Divisional Magistrate dated 21.10.1981, passed in a proceedings under Section 145 Cr.P.C., certified copy of the F.I.R. dated 22.12.1980, certified copy of Pariwar Register dated 10.06.1978, Voter List of the year 1975, certified copy of Pariwar Register dated 10.06.1987 of Girdhari, Pass -book relating to agriculture and receipts of sugar mills, Resident Certificate of Ram Chandra son of Girdhari and examined witnesses Hari Lal, Ram Sewak and Baburam and also summoned Adya Prasad Pandey, Panchayat Secretary, along with original Pariwar Register and his statement was also recorded. The petitioner filed certified copy of School Leaving Certificate, Pariwar Register of village Jhugiya of Mangroo, character certificate, Pariwar Register dated 20.05.1963, Pariwar Register of house no. 109/2 and 109/3 and Ration Card and examined Rama Shankar, Salikram, Ram Tirath, Udaybhan, Rajai, Kedar and Bekaru. Bhagauti also died and was substituted by Durga Prasad (respondent -4), who after order of Consolidation Officer did not file any appeal. Reshma daughter of Ram Milan was also substituted as an heir of Smt. Rajpati but she is also not contesting.
(3.) THE Consolidation Officer, Harraiya, Basti, by order dated 07.01.2009, held that name of Bekaru was not mentioned in the Pariwar Register relating to the family of Ram Milan prior to 12.09.2007. In the proceedings under Section 145 Cr.P.C., Smt. Rajpati was found as the widow of Ram Milan and Bekaru as the son of Girdhari. By the order of Assistant Development Officer dated 12.09.2007, name of Bekaru was mentioned in Pariwar Register relating to the family of Ram Milan as his son. Subsequently, father's name of Bekaru has been mentioned as Ram Milan in Photo Identity Card of Election Commission, Ration Card. Due execution of will set up by Durga Prasad was not proved. As at the time of the death of Ram Milan, Bekaru, being his son inherited the land in dispute as such on the basis of will executed by Smt. Rajpati, Baburam cannot claim any title over the land in dispute. On these findings, Consolidation Officer, by order dated 07.01.2009, directed for mutation of the name of Bekaru over the land in dispute.;