- (1.) HEARD Sri Rakesh Pande and Sri Dinesh Kumar Rai for the petitioner and Sri Ram Surat Saroj for the respondents.
(2.) THE writ petition has been filed for quashing the orders of Deputy Director of Consolidation dated 01.08.2013 and Settlement Officer, Consolidation dated 26.11.2010, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Ram Vati widow of Rikkhan and Natthu son of Bhullu (father of the petitioner) were bhumidhar of plot No. 372 (area 2 -9 -0 bigha) of village Gunpura, pargana Dankaur, district Buland Shahar. They executed a sale deed dated 15.07.1978 of the land in dispute in favour of Ranjeet, Baljeet and Sarjeet (the respondents). On the basis of sale deed executed by Ram Vati Devi and Natthu dated 15.07.1978, the names of the respondents were mutated over the land in dispute, by the order of Naib Tahsildar dated 10.09.1981. In basis consolidation records, the names of the respondents were recorded over the land in dispute, in khata 91. During partal, the petitioner raised a dispute that he had 1/2 share in the land in dispute. It is alleged that the conciliation proceeding was taken before Assistant Consolidation Officer on 17.04.1999, in which the respondents agreed for recording the name of the petitioner over 1/2 share in the land in dispute. The Assistant Consolidation Officer recorded conciliation proceeding which was signed/ thumb marked by the parties and two members of the consolidation committee. The Assistant Consolidation Officer, therefore, passed the order dated 17.04.1999 and directed for recording the name of the petitioner over 1/2 share in the land in dispute.
(3.) THE respondents filed an objection (registered as Case No. 81) under Section 9 -A(2) of the Act, on 05.08.1999, for deleting in the dispute, as noted in CH Form -5, regarding 1/2 share of the petitioner, in the land in dispute and declaring their 1/3 share each over it. The petitioner filed an objection that the dispute in respect of the land in dispute was raised during partal and conciliation proceeding has taken place between the parties before Assistant Consolidation Officer, on the basis of which, Assistant Consolidation Officer, by order dated 17.04.1999 directed for recording the name of the petitioner over 1/2 share and remaining 1/2 share was directed to be recorded in the names of the respondents. As the order has already been passed by Assistant Consolidation Officer as such the objection of the respondents before Consolidation Officer was not maintainable. The matter was heard by Consolidation Officer, who by order dated 26.03.2003 found that as in respect of the property in dispute, the order has been passed by Assistant Consolidation Officer on 17.04.1999, as such, fresh objection was not maintainable. On this findings objection of the respondents has been dismissed.;