- (1.) Heard Sri J.J. Munir, for the petitioners and Sri Kamleshwar Singh, for the respondents.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation (respondent-1) dated 18.10.2007, rejecting the recall application of the petitioners, filed for recalling the order dated 04.08.2004, passed in Revision No. 347 & 348 of 1988, filed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to the land of basic consolidation year khatas 52, 69, 95-Aa and 95-Ba of village Raipur Banger, tahsil Dadri, district Gautam Budh Nagar, which were recorded in the names of Shibba son of Bhura, Kewal son of Sarwan, and the branch of Ram Sukh. Jhagru and Rati Ram (now represented by the petitioners and respondents-29 to 32) filed an objection claiming their 3/4 share in the land in dispute and for deleting the names of the branch of Ram Sukh, alleging that they were wrongly recorded over the land in dispute. The descendants of Ram Sukh claimed their 1/2 share in the land in dispute and have stated that Jhagru and Rati Ram were not the sons of Kewal and had no share in the disputed land. The matter was remanded by Deputy Director of Consolidation, by order dated 06.04.1988, for fresh decision on merit after giving opportunity of hearing to the parties. After remand, the Consolidation Officer, by order dated 11.03.1998 decided the objections. The branches of Shibba and Ram Sukh filed an appeal (registered as Appeal No. 58). One Ram Bhool, transferee of the land in dispute from Ram Karan also filed an appeal (registered as Appeal No. 357/62). Both the appeals were consolidated and heard by Settlement Officer Consolidation, Gautam Budh Nagar, who by his order dated 29.03.2003 allowed the appeals and held that Rati Ram had 1/6 share and Jhagru had 3/16 share in the land in dispute.;