RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Ravi Pratap, for the petitioner and Sri Rajeev Mishra, for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation (respondent -2) dated 07.02.2013, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute relates to Chak no. 67 (area 2 -11 -17 bigha) of village Belghat tappa Mor, pargana Basti Pashchim, district Basti, which was recorded in the name of Jag Mohan son of Algoo, during consolidation. Jag Mohan died on 10.07.1986. The petitioner filed an application (registered as Case No. 747) under Section 12 of the Act, for mutating her name, as an heir of Jag Mohan, being his sister as Jag Mohan died issue less. Promod Kumar filed another application (registered as Case No. 1220) under Section 12 of the Act, for mutating his name, as an heir of Jag Mohan. Pramod Kumar is now not contesting the matter. These cases were referred by Assistant Consolidation Officer, to Consolidation Officer for decision on merit.
(3.) IN the meantime Babu Ram son of Kalpu Bhooj and Kanhi son of Balihari filed another application (registered as Case No. 93/772) dated 12.09.1986, for mutating their names, over the land in dispute, on the basis of sale deed dated 02.08.1986, allegedly executed by Jag Mohan in their favour before another Assistant Consolidation Officer, namely Sri Markandey Dubey, although he had no jurisdiction for the village Belghat. On the basis of a fabricated compromise, Sri Markandey Dubey, Assistant Consolidation Officer, by order dated 17.10.1986 directed for mutating the names of Babu Ram son of Kalpu Bhooj (4/5 share) and Kanhi son of Balihari (1/5 share), over the land in dispute.;