Ram Surat Ram, J. - (1.) HEARD Sri Jeevan Prakash Sharma, for the petitioners and Sri Mohan Yadav, holding brief of Sri Ravish Chandra Srivastava, for the contesting respondents.
(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 03.03.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act"). The dispute relates to land recorded in khata 288 [consisting plots 433/1 (area 0.52 acre) and 433/2 (area 0.52 acre)] of village Pisaur, pargana Shivpur, district Varanasi. In basic consolidation year, land in dispute was recorded in the names of Raghunath son of Ramu, Amar Bahadur, Samar Bahadur and Pappu sons of Ram Kishun, Bijai Prasad son of Balla. Sharda Prasad, Shanta Prasad, Kamta Prasad and Shiv Kumar sons of Jagarnath (petitioners -1 to 4) filed an objection under Section 9 of the Act, claiming co -tenancy of 1/4 share in the land in dispute. Lalta, Shivnath, Joge sons of Ramu (now represented by petitioners -5 to 7) filed another objection under Section 9 of the Act, claiming co -tenancy along with Raghunath. Ram Lakhan Singh, Krishna Singh, Indresh Singh sons of Bechan and Shamsher Singh son of Ram Jatan Singh (now out of contest) filed an objection for deleting the names of recorded tenure holder and recording their names over the land in dispute. Consolidation Officer, consolidated all the objections and heard together, who by order dated 21.07.2009 dismissed all the objection and maintained basic year entry. Sharda Prasad and others filed an appeal (registered as Appeal No. 637/1542) from aforesaid order. Settlement Officer Consolidation, by order dated 23.04.2012, allowed the appeal and remanded the case to Consolidation Officer for fresh decision on the ground that Shivnath had died but his heirs were not substituted.
(3.) AFTER remand, Consolidation Officer, by order dated 07.08.2012, held that Raghunath, Jagarnath, Shivnath and Lalta sons of Ramu jointly purchased plot 433/1 (area 0.52 acre) from Bechan son of Bhagwati and Smt. Pavitra widow of Gauri Shankar through sale deed dated 06.08.1959 as such they were co -sharers in plot 433/1 (area 0.52 acre). Their title and possession has been again acknowledged in Panch Award dated 27.10.1970. On these findings objections of Sharda Prasad and others (the petitioners) were allowed and Raghunath, Jagarnath, Shivnath and Lalta were held as co -sharers in plot 433/1 (area 0.52 acre) having equal shares.;