S.K. Singh, J. - (1.) By means of this writ petition, petitioners have challenged the judgment of the Deputy Director of Consolidation Varanasi dated 24.12.92 (Annexure-4 to the writ petition).
(2.) For disposal of the matter the facts in brief will suffice. Dispute relates to the property which was Bhumidhari of Devi Prasad. Land comprised in Khata No. 23 and 24 situated in village Jaisinghpur District Varanasi is in dispute. On the death of Devi Prasad name of Jugri is said to have been mutated as his widow who was the natural heir under Section 171 of U.P. Z.A. & L.R. Act. It is said that after the start of the consolidation proceedings except the Khata in disute name of Suit. Jugri continued over land of other Khata and over the land in dispute name of daughter of Devi Prasad viz. Sitabi was got entered by alleged reconciliation/order at the level of Assistant Consolidation Officer. It is said that for the first time fraud came to the knowledge when husband of Suit. Jugri Started negotiating the land in dispute and he executed agreement to sale then she filed a suit under Section 229-B of U.P.Z.A. & L.R. Act. It is thereafter the file of the proceedings of the Assistant Consolidation Officer was got traced with great difficulty with the intervention of the authorities on 26.4.89. In the meantime Suit. Jugri executed a registered will deed in favour of the petitioner on 11.4.1988 and having become natural heir of the deceased on inspection of the file, an appeal was filed before the Settlement Officer Consolidation. Appellate authority by taking note of the fraud and manipulation in the matter, by assigning reasons condoned the delay in filing appeal and remanded the matter back to the Consolidation Officer for deciding the ease of the parties on the merits by judgment dated 2.12.1989. Against the judgment of the appellate authority opposite party filed revision which was allowed by the Deputy Director of Consolidation by judgment dated 24.12.92 and thus the same is under challenge by the petitioner.
(3.) Parties counsel have been heard at length.;