- (1.) HEARD Sri K.D. Tripathi, for the petitioner, and Sri Ysuf Khan, holding brief of Sri E.A. Khan, for the contesting respondents.
(2.) THE writ petition has been filed against order of Deputy Director of Consolidation dated 09.04.2002, allowing the revision and setting aside the order of Settlement Officer Consolidation dated 18.10.2001 passed in title proceeding, under U.P. Consolidation of Holdings Act -1953 (hereinafter referred to as the 'Act').
(3.) THE dispute was in respect of land of basic consolidation year khata 163 of village Mohanpur, pargana and district Bareilly, which was recorded in the names of Sumeri (father of the petitioner) and Pyare Lal son of Zalim (now represented by respondents -3 to 7. Assistant Consolidation Officer by order dated 24.12.1987 held share of Sumeri as 1/2. Sukkhan Khan (respondent -3) filed an appeal from the aforesaid order, which was dismissed by order dated 31.07.1989. Thereafter Sukkhan Khan filed a revision which was allowed and the matter was remanded to Consolidation Officer for deciding the case on merit after taking evidence of the parties. Then Sukkhan Khan filed an objection under Section 9 of the Act, on 11.02.1993, for deleting the name of Sumeri from the khata in dispute. The Consolidation Officer, after hearing the parties by order dated 15.04.1999 held that the name of Happu alias Man Singh son of Komil (father of Sumeri) was alleged to be recorded by order of Consolidation Officer passed in Case No. 32 under Section 12 of the Act, in previous consolidation proceeding, which was not a genuine amaldaramad but a forged entry. As such objection of Sukkhan Khan was allowed and the name of Sumeri was directed to be deleted from the khata in dispute. Sumeri filed an appeal (registered as Appeal No. 1859) from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, who by order dated 18.10.2001 held that name of Sumeri was recorded by order of Naib Tahsildar dated 20.09.1976 as an heir of Happu alias Man Singh in mutation proceeding. Thereafter Sumeri filed a suit for partition of the land in dispute under Section 176 of U.P. Act No. 1 of 1951, which was decreed by judgment of Assistant Collector dated 30.04.1979. Although order passed in mutation proceeding was challenged but order of Assistant Collector dated 30.04.1979 was not challenged and has become final between the parties, which will operate as res -judicata between the parties and is binding upon them. On these findings, the appeal was allowed and khata in dispute was directed to be partitioned according to preliminary decree of Assistant Collector dated 30.04.1979.;