Anjani Kumar Mishra, J. - (1.) HEARD Sri C.K. Rai, learned Counsel for the petitioners and Sri Krishna Mohan, holding brief of Sri VKS Somvamshi, who appears for respondent Nos. 4 to 11. The writ petition arises out of title proceedings, i.e. objection under section 9A(2) of the U.P. Consolidation of Holdings Act (for short, 'the Act') and has been filed challenging the orders dated 22.9.2011 and 4.6.2011 passed by respondent Nos. 1 and 2, respectively.
(2.) IN the basic year record, the land in question, namely, plot Nos. 716 and 756/2, were recorded in the name of the fathers of respondent Nos. 4 to 11. The objection under section 9 of the Act was filed by the father of the petitioner, claiming co -tenancy to the extent of half share on the basis of a family settlement. The Consolidation Officer (for short, 'the CO') by his order dated 16.6.1966 is said to have accepted the family settlement, and directed that the name of the petitioners' predecessor -in -interest be recorded over 1 - 10 - 0 of old plot No. 756/2 (new plot No. 541).
(3.) IT is the case of the petitioners that against this order a recall application was filed by the contesting respondents on 7.8.1975. Notices are alleged to have been issued to the petitioners' predecessor -in -interest on the restoration application, but were never served. The CO by his order dated 30.7.1976 allowed the restoration application.;