- (1.) HEARD Sri SK Rastogi, learned counsel for the petitioner and Sri SC Srivastava, appearing for the congesting respondents.
(2.) THE instant writ petition arises out of a proceedings under section 12 of UP Consolidation of Holdings Act, and has been filed by the petitioner for quashing the order dated 2.6.1988 passed by the Deputy Director of Consolidation whereby the revision filed by the contesting respondents - opposite parties was allowed and the land in dispute was ordered to be recorded in their favour.
(3.) THE dispute pertains to chak no. 42, which was recorded in the name of Kadir. The following pedigree is relevant for the purpose of the dispute between the parties. Musahab JUDGEMENT_287_LAWS(ALL)3_2014.htm The relevant facts are as follows: On the death of Kadir, his married daughter Smt. Amina was ordered to be mutated in his place by order dated 19.9.1977 passed by the Assistant Consolidation Officer (the ACO). Two objections under section 12 were filed thereafter. The first objection was filed by Bismillah (the petitioner) claiming as the brother of the deceased. The second objection was filed by Smt. Barkoo alias Chhotki claiming as widow of the deceased. Smt. Barkoo alias Chhotki had died during pendency of the case before the Consolidation Officer. The objection of the petitioner aforesaid was contested by Smt. Amina on the ground that she had already been mutated over the land in dispute by order dated 19.9.1977 passed by the ACO which was final and therefore the objection of the petitioner was liable to be rejected.;