Anjani Kumar Mishra, J. - (1.) HEARD Sri S.N. Tripathi, learned Counsel for the petitioners and Sri A.B. Singh, who appears for respondent No. 2. respondent No. 5 is represented by Sri Pramod Kumar Dubey. In view of the Office report dated 29.6.2009, service of notice upon respondent No. 4 is held to be sufficient. No one has put in appearance on her behalf.
(2.) AS regards respondent No. 3, it is admitted to the parties that the interests of Smt. Rajkumari and Smt. Rajkishori, respondent Nos. 2 and 3, respectively, is common and, therefore, it is submitted that the matter can be heard and decided finally. Accordingly, I have proceeded to hear the parties to decide the matter finally. This writ petition has been filed for issuance of a writ of certiorari quashing the order dated 4.6.2008, passed by the Dy. Director of Consolidation (for short, DDC) in Revision No. 1085 (Suresh and another v. Smt. Rajkumari and others.
(3.) THE facts of the case, briefly stated, are as follows: "The dispute between the parties pertains to plot No. 46, having an area of 4 hectares 6 decimals, situated in village Chak Daud, Tappa Rate; Pargana Bhaupar, Tehsil Sahjanwa, district Gorakhpur, recorded in the basic year in the names of Sangram Singh, Smt. Rajkumari and Smt. Rajkishori. Three objections are said to have been filed under section 9 -A(2) of the U.P. Consolidation of Holdings Act (for short, the Act). One objection was filed by Sangram Singh, claiming half share in the disputed khata. It was further claimed that the remaining half share belongs to Parasu Ram, Lalu and Chokhat, and that Rajkumari was wrongly recorded over the khata in question. Another objection was filed by Parasu Ram, Lalu and Chokhat claiming half share. A cross -objection appears to have been filed by Smt. Rajkumari, alleging that her name was rightly recorded in the basic year record.";