- (1.) Heard Sri Subhash Chandra Mishra and Sri Shailendra Singh, for the petitioner and Sri Sabhapati Tiwari, for the respondents.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 19.05.2000, Settlement Officer Consolidation dated 30.04.2005 and Deputy Director of Consolidation dated 29.09.2005, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter after referred to as the Act).
(3.) The dispute relates to the land of basic consolidation year khata 11, of village Ratanpur Arjun tappa Sikanderpur, pargana Basti Purab, district Basti, which was recorded in the names of Jagernath and Parmatma Prasad sons of Brahmadeen (respondents-4 and 5) (hereinafter referred to as the respondents). Smt. Saraswati Devi (the petitioner) filed an objection (registered as Case No. 491) under Section 9-A of the Act, for recording her name over the land in dispute and deleting the names of the respondents. It has been stated by the petitioner that Smt. Dhiraji Devi (her mother) was owner of the land in dispute. In previous consolidation, her name was recorded in revised consolidation records and chak was carved out in her name. At the time of death of Smt. Dhiraji Devi, Smt. Shohrata Devi (sister of the petitioner and mother of the respondents) was not alive as such after death of Smt. Dhiraji Devi, she alone inherited the land in dispute. The respondents procured a fabricated gift deed dated 18.06.1962, executed by some imposter, in the name of Smt. Dhiraji Devi and on its basis got their names mutated in the proceedings under Section 12 of the Act, by order dated 21.09.1962. On coming to know about the fraudulent acts of the respondents, Smt. Dhiraji Devi filed an application for recall of the order, which was allowed by the revisional court by order dated 28.11.1963 and the name of Smt. Dhiraji Devi was restored. However, after remand, the respondents again committed fraud and filed a fabricated compromise on 24.01.1974 and obtained an order dated 18.02.1964, on its basis from the Consolidation Officer. On coming to know about the forged order, Smt. Dhiraji Devi filed an appeal which was dismissed by order dated 15.06.1965 and the revision filed by her was also dismissed on 14.10.1966. Smt. Dhiraji Devi, filed Civil Suit No. 335 of 1965 for cancellation of the gift deed dated 18.06.1962 and for declaring the order of Consolidation Officer dated 18.02.1964 based on compromise was a forged order. In this suit, a preliminary issue to the effect that the suit was barred under Section 49 of the Act was raised and trial court by order dated 06.01.1969 held that suit was barred under Section 49 of the Act and dismissed the suit. Smt. Dhiraji Devi filed Civil Appeal No. 94 of 1969 from the aforesaid order, which was dismissed by order dated 26.08.1970. Then Smt. Dhiraji Devi filed Second Appeal No. 2037 of 1970, in which, Smt. Dhiraji Devi filed an application for withdrawing the suit with liberty to file a fresh suit, which was allowed by order dated 25.10.1972. Then Smt. Dhiraji Devi filed fresh Suit No. 26 of 1974, for cancellation of the gift deed dated 18.06.1962 and the fabricated compromise order dated 18.02.1964. During pendency of this suit, Smt. Dhiraji Devi died and the petitioner was substituted her heirs. However this suit was dismissed on the ground as barred by limitation. On start of fresh consolidation the objection was filed on 15.11.1994.;