S.K. Singh, J. - (1.) By means of this writ petition, petitioners have challenged the judgment of Deputy Director of Consolidation, Settlement Officer Consolidation and that of the Consolidation Officer dated 3.7.1991, 14.9.1983 and 19.8.1982 (Annexures 12,3 and 2) respectively.
(2.) Proceedings are under section 9-A(2) of UPCH Act. The land comprised in Khata No. 131 of village Khairatiya district Deoria is in dispute. Name of Shiv Shanker, Dhooman, Satya Narain and Sadhoo was recorded in the basic year record. Petitioners are sons of Shiv Shanker whereas, respondent No. 4 is the son of Satya Narain. Dhooman is now no more and thus the dispute is between the sons of Shiv Shanker who are petitioners and two other recorded persons i.e. Satya Narain and Sadhoo. Against basic year entry, petitioners filed objection stating that the name of other recorded persons namely Satya Narain and Sadhoo is wrong as the land is the acquisition of their father namely Gaya. It was claimed that the opposite parties were never recorded over the land and therefore, they filed suit under section 229-B of U.P.Z.A. and L.R. Act and claiming co-tenancy right in 1977 which was ultimately abated on account of consolidation proceedings and it is at this stage, without any order, in collusion with Lekhpal, names of respondents was recorded as co-tenant and thus the basic year entry in the name of respondents being wrong, was prayed to be expunged. After the evidence having been led by parties, consolidation officer rejected petitioners' objection and maintained basic year entry. The judgment of consolidation officer on filing appeal and revision by petitioners has been confirmed by the Appellate and Revisional Court and thus all the three judgments are under challenge in this petition.
(3.) Parties' Counsel have been heard at length.;