- (1.) HEARD Sri Vishnu Kumar Singh, for the petitioners and Sri S.C. Verma, and Sri Anurag Sharma, for respondent -2.
(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 14.05.2012, Settlement Officer Consolidation dated 09.11.2012 and Deputy Director of Consolidation dated 19.09.2013 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953, (hereinafter referred to as the Act).
(3.) THE dispute between the parties relates to plot 1815 (area 2 -8 -10 bigha) [new plot 2842 (area 0.5820 hectare)] of village Dhum Manikpur, pargana Diwai, district Gautam Budh Nagar. In basic consolidation year, land in dispute was recorded in khata 301, in the name of Kharak Singh son of Badlu (father of respondent -5). Brahm Prakash Gupta (father of respondent -4) filed an objection (registered as Case No. 186/234) (presently Case no. 82/103/11 -12) under Section 9 -A of the Act, for recording his name over the land in dispute. Brahm Prakash Gupta stated that the land in dispute was purchased by him through the registered sale deed dated 24.08.1973 from Kharak Singh and Atar Singh sons of Badlu. On the basis of the sale deed dated 24.08.1973, the name of Brahm Prakash Gupta was mutated in the revenue record by the order of Tahsildar dated 28.05.1974. By a forged order of Tahsildar dated 04.06.1978, name of Kharak Singh was recorded over the land in dispute. When he came to know about the forged entry dated 04.06.1978, he filed an application (registered as Misc. Case No. 2118) before Sub -Divisional Officer Dadri, who conducted an inquiry and found that Case No. 328 (decided on 04.06.1978), as registered in Misil Band Register and Register Malikan was a case of village Mathurapur and not of village Dhum Manikpur and mutation of the name of Kharak Singh, in the khatuni on its basis, is a forged entry. As the village was under consolidation operation, he submitted his report dated 19.06.1984 to Settlement Officer Consolidation for correcting the forged entry. Brahm Prakash Gupta never sold the land in dispute Kharak Singh and entry of his name by order dated 04.06.1978, allegedly passed on the basis of sale deed, was forged. Dheeraj Singh (respondent -5) filed an objection (registered as Case No.1805) under Section 9 -A of the Act, stating therein that his father Kharak Singh died on 18.12.1985. He is his only son and heir as such his name may be mutated in place of his father Kharak Singh over the land in dispute. Dheeraj Singh (respondent -5) also filed his counter objection, to the objection of Brahm Prakash Gupta on 06.02.1987 denying that Kharak Singh ever executed any sale deed in favour of Brahm Prakash Gupta of the land in dispute and Kharak Singh remained through out in possession over the land in dispute. The Consolidation Officer, by order dated 20.04.1989 dismissed the objection of Dheeraj Singh and directed for recording the name of Brahm Prakash Gupta over the land in dispute. Dheeraj Singh filed an appeal (registered as Appeal No. 876/57/91 -92), which was allowed by Settlement Officer Consideration by order dated 20.08.1990 on the ground that opportunity of evidence was not given to Dheeraj Singh and the case was remanded to Consolidation Officer for fresh decision on merit after giving opportunity of evidence and cross examination to the parties.;