- (1.) Heard Sri Pradeep Kumar Rai, for the petitioners and Sri M.A. Qadeer, Senior Advocate, assisted by Sri V.S. Parmar for the respondents.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation, Banda (respondent-1) dated 17.04.1996 passed in Revision No. 6718/808/ 1247, Ram Lakhan and others Vs. Sardar Singh and others and order of Assistant Settlement Officer Consolidation, Banda (respondent-2) dated 23.07.1980 passed in Appeal No. 1510, Sardar Singh and others Vs. Sheokanth, 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 Nos. 129 and 299 of village Lomar, pargana and district Banda. In basic consolidation year, khata 129 was recorded in the names of Sardar Singh and Surendra Singh, sons of Ram Singh (respondents-3 and 4) and one Medu Ali and khata 299 was recorded in the names of Sardar Singh and Surendra Singh sons of Ram Singh (respondents-3 and 4). During partal, Sheokanth Singh got his possession recorded over the land in dispute except on plot 144, on which possession of Gulam Nabi was recorded and plot 177, on which possession of Gajraj Singh was recorded. Sheokanth Singh filed an objection claiming sirdari right over the khatas in dispute. It has been stated by Sheokanth Singh that Panch Lal Singh and Sheodan Singh ancestors of Sardar Singh and Surendra Singh had mortgaged the land in dispute to Nabi Bux and others from whom he got the mortgage redeemed and he was in possession over the land in dispute. Sardar Singh and Surendra Singh were not heard for last 25 years. Babu Singh has set up, fake persons who are impersonating themselves as Sardar Singh and Surendra Singh.;