- (1.) Heard Sri Ayub Khan, for the petitioners and Sri Ashish Srivastav, for the respondents.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation (respondent-1) dated 04.10.2013, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to plot 1054 of village Nariyawal, pargana and district Bareilly, which was recorded in basic consolidation year khata 102, in the name of Aiwaz Khan (grand father of the petitioners). The respondents raised a dispute claiming co-tenancy in the land in dispute. Assistant Consolidation Officer, by order dated 06.12.1987, directed to recording the names of respondents-3 to 7 (hereinafter referred to as the respondents), as co-sharers in the land in dispute. The petitioners filed an appeal against the aforesaid order. The appeal was allowed, by order dated 12.12.1990 and order of Assistant Consolidation Officer was set aside and the case was remanded to Consolidation Officer for decision on merit. After remand, it is alleged that Consolidation Officer, by order dated 27.05.1998, rejected the objection of the respondents and directed for recording the names of the petitioners as the heirs of Aiwaz Khan.;