- (1.) Heard Sri Krishna Mohan assisted by Sri Manish Kumar Srivastav for the petitioners and Sri Awadesh Kumar Singh for the respondents.
(2.) The writ petition has been filed for quashing the order of Additional Collector (Finance & Revenue), Varanasi (respondent-1) dated 22.10.1999 passed in Revision No. 1319 and 1320, Kanhaiya and others Vs. Uma Shankar and others, arising out of title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) The dispute relates to khata 12 consisting of plot No. 146 (area 1.40 acre) of village Harishankarpur, pargana Athagaon, district Varanasi, which was a grove land. In basic consolidation year, names of Bhagwati son of Jawahar, Khirodhan son of Bindeshwari, Kanhaiya, Sheo Murat sons of Nanhoo, Thakur Prasad son of Narain, Ranjeet son of Bal Kishun, Vishwanath son of Jagerdeo, Ganga, Harishankar, Gopal sons of Bechan were recorded in column 2 of the khatauni. In remark column, names of Vishwanath son of Jagerdeo, Kanhaiya, Sheo Murat sons of Nanhoo was directed to be expunged and in their place name of Viswanath son of Sheo Narain was directed to be mutated; name of Thakur Prasad was directed to be expunged and on his place names of Viswanath and Harihar, sons of Purshottam were directed to be mutated; names of Bhagwati and Sonu, sons of Jawahar were directed to be expunged and in their place names of Mudal and Gopi, sons of Sukhdeo were directed to be mutated. Various objections were filed against the basic year entry. At present, it is not necessary to refer all those objections as now the dispute in the writ petition is confined between the petitioners who claim their right on the basis of a sale deed dated 20.03.1949 executed by Salig son of Bihari of his share in the land in dispute, on the one side and Kanhaiya and Bachcha Lal, sons of Ram Dhani (respondents-4 and 5), who claim share of Salig son of Bihari by way of inheritance.;