- (1.) HEARD Sri Shravan Kumar and learned counsel for the petitioners, and Sri Balram Yadav who appears for contesting respondent no2.
(2.) THE dispute in the writ petition relates to chak nos169 and 1773 of village Naya Mau, Pargana Mawai, Tehsil Rudauli, District Barabanki, which were recorded in the name of Hosila PrasadThe following pedigree is relevant for the purpose of the writ petition: Shripal I I I I I I I I Shiv Prasad Hosla PrasadKamta Prasad Ram Das The petitioners are the sons of Shiv Prasad, Kamta Prasad and Ram Das, respectively. On the death of Hosila Prasad, son of Shripal, the Assistant Consolidation Officer (in short, ACO) passed an order on 3.3.2014 on the basis of a compromise whereby the name of Hosla Prasad, deceased, was ordered to be expunged from the land in dispute and his son Ram Sagar was ordered to be recorded thereon.
(3.) THE order of the ACO was challenged by the petitioners by means of Appeal no1575 on the ground that Hosla Prasad was never married and he, therefore, died issuelessRam Sagar who had been ordered to be recorded in his place after his death, is not his son but a resident of another village whose father's name is also Hosla and this Hosla is son of Rajpal, while the deceased was Hosla son of ShripalTaking advantage of the similarity in the names, Ram Sagar got his name recorded over the land in dispute fraudulently though in fact, he is a rank outsider and has no concern with the land in dispute, or with Hasala son of Shripal, the deceased.;