- (1.) HEARD Sri Mohd. Mustafa Khan, counsel for the petitioners.
(2.) THE writ petition has been filed against the orders of Assistant Consolidation Officer dated 24.09.2002, Assistant Settlement Officer, Consolidation dated 15.03.2007 and Deputy Director of Consolidation dated 09.12.2013 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act"). The dispute relates to the land of khata 180 of village Deipaar, tappa Bhanpur, pargana Rasoolpur, tehsil Dumariyaganj, district Siddharthnagar. In basic consolidation record names of Ram Prasad (respondent -5) and Jhinkan (the petitioner) were recorded over the land in dispute. At the time of partal, Jhinkan raised a dispute, claiming 3/4 share in the land in dispute. It is alleged that before the Consolidation Officer Jhinkan and Ram Prasad entered into compromise and the Consolidation Officer by order dated 24.12.1987 held the share of Jhinkan as 3/4 and share of Ram Prasad as 1/4 in the land in dispute.
(3.) IN the meantime, Ram Prasad executed a sale deed dated 22.03.1985, in respect of his 1/2 share in the land in dispute in favour of Smt. Sudhara (respondent -4). Smt. Sudhara filed an application (registered as Case No. 174) under Section 12 of the Act for mutating her name over the land in dispute. Assistant Consolidation Officer by order dated 24.09.2002 directed for recording the name of Smt. Sudhara over 1/2 share of the land in dispute.;