ANJANI KUMAR MISHRA, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS petition arises out of an application under section 42A of the U.P. Consolidation of Holdings Act and it challenges the orders dated 12.6.2009, 23.11.2009 and 2.2.2010 passed by the Consolidation Officer, Ghaziabad, Settlement Officer, Consolidation, Ghaziabad and the Joint Director of Consolidation, Ghaziabad, respectively.
(3.) FACTS of the case, briefly stated, are that the land in dispute belonged to one Devi Sahai, who had three sons. On his death, all the three sons were recorded over the land in question. It has been alleged by the petitioner that during consolidation operations, a family settlement took place, whereunder Surendra Sharma given a separate chak, having an area of 4 -18 -8. Another separate chak, being chak no. 162 is said to have been carved out jointly in the name of the sons of Devi Sahai, namely, Surendra, Hari Dutt and Niranjan. Ears after the publication of notification under section 52, an application under Rule 109A was filed by the son of Surendra Sharma, with the allegation that Khata No. 162 was carved out of land in the name of Devi Sahai, but on account of a mistake committed by the consolidation authorities, the name of Surendra, the third son of Devi Sahai was not included in the final consolidation record and hence the application. This application was registered as Case No. 59 of 2006 -07, Anil Sharma Vs. Yogendra and others.;