- (1.) Heard Sri Rajesh Kumar and Sri Jai Singh Chandel, counsel for the petitioner and Sri Ayub Khan, counsel for the respondents.
(2.) The writ petition has been filed for quashing the orders of Consolidation Officer (respondent-2) dated 24.06.2003 passed in Case No. 420/45 and Deputy Director of Consolidation (respondent-1) dated 28.02.2011 passed in Revision Nos. 102/320 of 2010-11 and 774/321 of 2010-11 Kunwar Pal Vs. Smt. Asharfi Devi and another, arising out of 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 khata No. 107 of village Nabi Nagar, tahsil Anoop Shahar, district Buland Shahar, recorded in the name of Tunda. After death of Tunda on 24.09.1994, Kunwarpal Singh (respondent-3) moved an application (registered as Case No. 420/45) under Section 12 of the Act, on 20.10.1994 for recording his name over the land in dispute as the only son and an heir of Tunda. Smt. Asharfi Devi (respondent-4) filed an objection on 25.10.1994, in the aforesaid application, stating therein that Tunda had two sons, namely Madan Lal and Kunwarpal. Madan Lal died during life time of his father leaving behind him, Smt. Asharfi Devi, his widow and one daughter. As such after death of Tunda, his properties were jointly inherited by Smt. Asharfi Devi and Kunwarpal Singh and the names of both of them were liable to be recorded over the land in dispute.;