Arun Tandon, J. - (1.) Heard Sri R.N. Singh, learned Counsel for the petitioners, Sri S.M. Misra, who states that he represents respondent Nos. 4 to 12, Sri Anuj Kumar, learned Counsel for the respondent No. 3 and learned Standing Counsel for the respondent Nos. 1 and 2.
(2.) The petitioners, who are three in number, namely, Sunder Ram, Jagdish Ram, and Shyam Lal, have filed this writ petition against the order of the Collector/District Deputy Director of Consolidation, Azamgarh dated 31st July, 2002 passed in Revision No. 26, a copy whereof. has been enclosed as Annexure No. 1 to the writ petition. By means of the said order the Collector/District Deputy Director oi Consolidation, Azamgarh has held that' Khata No. 132, Village Manikadeeh, Pargana Nizamabad, District Azamgarh has become the property of the Gaon Sabha inasmuch as the original tenure-holders has died issueless, the property as such is 'Lavaris. As a consequent there to the Col-J lector/District Deputy Director of Consolidation, Azamgarh has directed subordinate authorities to make an enquiry under section 122-B sub-clause 4 (f) and is respect of the members belonging to the Scheduled Castes and Scheduled Tribes it actual possession over the plot in question and to pass appropriate order. It has further been directed that the remaining portion of the land of aforesaid Khata be allotted to category of persons entitled for sud allotment. It has further been directed the the next date fixed for hearing i.e. 7t August, 2002 has become redundant and further hearing is no longer necessary.
(3.) it is contended that the Khata/ Chak No. 137 was originally the holding of one Sri Ramdhari Singh. Said Ramdhari Singh died issueless. He had executed a Will in favour of one Ganesh and Sunder and in pursuance thereof the Consolidation Officer passed an order dated 12th September, 1988 for mutation of the name of Ganesh and Sunder over the aforesaid Khata in the relevant consolidation records. It is further stated that Sri Sahdeo, Sri Sukhraj and Raj Kumar illegally got their names included in the aforesaid order of Amaldaramad passed by the Consolidation Officer. Sri Sunder Ram and Jagdish Ram, who is the son of Sri Ganesh on coming to know of the aforesaid induction of names of aforesaid three persons in the records pertaining to Khata/Chak No. 137 filed an application before the District Deputy Director of Consolidation Officer, Azamgarh for appropriate action being taken. The District Deputy Director of Consolidation Officer, Azamgarh on the basis of the application of the petitioners after calling for words passed an order dated 8th February, 2001 and recorded a finding that the names of Sri Sahdeo, Sukhraj and Raj Kumar were fraudulently entered into the relevant records and therefore, directed that their names be deleted (a copy whereof has been enclosed as Annexure No. 4 to the writ petition).;