ANJANI KUMAR MISHRA, J. - (1.) HEARD Sri Sri Ramesh Chandra, learned counsel for the petitioner, and learned Standing Counsel for the State -respondents.
(2.) NONE has appeared for the contesting respondents even though the matter was taken up in the revised list. The writ petition arises out of an objection under section 9A(2) of the U.P. Consolidation of Holdings Act (for short, the Act), and is directed against the order dated 10.12.1979 passed by respondent no. 1.
(3.) THE dispute in the writ petition pertains to khata no. 388, village Sabayan, tehsil Maharajganj, district Gorakhpur, which consisted of 9 plots. In the basic year record, this khata was recorded in the names of respondent nos. 2 and 3, namely, Nagai and Chander, son of Visheshar. The petitioner filed an objection under section 9A(2) of the Act claiming co -tenancy to the extent of half in the disputed khata. It was claimed that the khata in question was joint -acquisition of the petitioner and his two brothers, namely, Jagai and Visheshar, father of respondent nos. 2 and 3. It was the further case that Visheshar, being the eldest, was recorded in a representative capacity, being the Karta of the Joint Hindu Family. This objection was contested by the respondents on the ground that the khata in question was the sole acquisition of Vishesar.;