Anjani Kumar Mishra, J. - (1.) HEARD Sri Shamimul Hasnain, learned Counsel for the petitioner and Sri Awadhesh Kumar Singh, learned Counsel for the contesting respondents. The writ petition arises out of an objection under section 9A -2 of the U.P. Consolidation of Holdings Act and has been filed seeking a writ of certiorari for quashing the order dated 5.4.2003 passed by the Deputy Director of Consolidation, Varanasi.
(2.) THE dispute in the writ petition pertains to 7 plots having an area of 5.73 acres, situated in village Sarfudinpur, Pargana Barah, District Varanasi (Chandauli). The facts of the case briefly stated are that the petitioner allegedly purchased 1/3rd share of the plots in question from Kalawati, by a registered sale deed dated 21.7.1971. An objection was filed claiming on the basis of the said sale deed. It is alleged by the petitioner that this objection was decided by the Consolidation Officer by his order dated 20.1.1976, on the basis of a forged and Farzi compromise, said to have been entered into between the petitioner and his brother on the same date. By this compromise order, the petitioner, Jabahir, as also his brother Lalta were ordered to be recorded as Bhumidhars over 1/3rd share of the 7 plots in question, each having half share therein.
(3.) AGGRIEVED by the compromise order, the petitioner filed an appeal, which was belated and supported by an application for condoning the delay. The appeal was allowed by the Settlement Officer, Consolidation by his order dated 12.10.1994. The compromise order was modified and it was directed that the petitioner alone be recorded over the 1/3rd share of the plots in question.;