- (1.) HEARD Sri A.K. Mishra, Senior Advocate, assisted by Sri Vrindaban Mishra,, for the contesting respondent, who has filed this review application and Sri Rajeev Mishra and A.C. Pandey, for the petitioners.
(2.) ON the statement of the counsel for the respondents that no Counter Affidavit was required to be filed, writ petition was finally heard and allowed by judgment dated 08.11.2013. Now respondent -4 has filed this review application.
(3.) THE writ petition was filed against the orders of Consolidation Officer (respondent -3) dated 01.12.2012, Settlement Officer Consolidation (respondent -2) dated 06.03.2013 and Deputy Director of Consolidation (respondent -1) dated 23.05.2013, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Respondents -1 to 3 held that present proceeding initiated by the petitioners was barred by res -judicata. The dispute relates to the land of khatas 1, 3, 4 and 5 of village Sarai Aziz, talluka Harikishun, tahsil Phoolpur, district Allahabad, which were recorded in the names of the respondents, in basic consolidation record. The consolidation was started in the year 2000, in this village. Raj Nath Dubey (petitioner -1) filed an objection (registered as Case No. 18/19) for recording his name over 1/2 share of the disputed land, along with the respondents. It has been stated by the petitioner that the land in dispute was the property of Kishun, who had five sons namely Bechai, Kanhai, Bindra, Pancham and Sheetal. Bindra, Pancham and Sheetal died issue less and the properties of Kishun was inherited by Bechai and Kanhai alone. The respondents are sons/grand sons of Bechai and the petitioner is son of Kanhai as such he has 1/2 share in the land in dispute. Assistant Consolidation Officer, by order dated 22.02.2001, referred the dispute to the Consolidation Officer for decision on merits. Later on, Amar Nath Dubey (petitioner -2) filed an application dated 03.03.2001, alleging therein that his father Kanhai had three sons namely Jagannath, Amar Nath and Raj Nath, who jointly inherited Kanhai. He had also filed an objection in respect of the disputed land, before Assistant Consolidation Officer but the same was misplaced as such he may be impleaded as an objector in the objection of Raj Nath Dubey. The impleadment application moved by Amar Nath Dubey was allowed.;