Ram Surat Ram (Maurya), J. - (1.) Heard Sri Mohammad Arif Khan, Senior Advocate, assisted by Sri Mohd. Moinuddin Khan, for the petitioners and Sri Ashok Kumar Pandey, for the contesting respondents.
(2.) This writ petition has been filed against the orders of Settlement Officer Consolidation dated 15.09.2012 and Deputy Director of Consolidation dated 11.12.2014, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to land of khata 16 [consisting plots 52/1 (area 2 -9 -12 bigha), 275/1 (area 0 -1 -0 bigha), 275/2 (area 0 -19 -10 bigha) and 326 (area 1 -14 -0 bigha) of village Barawan, pargana Rudauli, district Faizabad, which was recorded in basic consolidation year, in the name of Ghirau son of Nankau (father of respondent -3). Mata Badal Singh, Mahant Singh and Ram Bahadur Singh sons of Hanuman Singh (the petitioners) filed an objection (registered as Case No. 259/336/364/385) under Sec. 9 -A of the Act, for recording their names as bhumidhar of the land in dispute. The petitioners stated that they were in possession of the land in dispute from a long time. From the time of entry of their names in column -9 of khatauni, they have perfected their title and acquired bhumidhari right and respondent -3 has lost his title. The petitioners were in possession of the land in dispute. Ghirau filed a counter objection, stating therein that in collusion of Lekhpal, forged entry in column -9, of the khatauni of names of the petitioners had been made of which he had no knowledge. The petitioners are not in possession of the land in dispute. Initially Consolidation Officer, by order dated 26.09.1995, allowed the objection of the petitioners and the appeal filed by respondent -3 was dismissed by order dated 21.05.2000. However, the revision filed by respondent -3 was allowed by order of Deputy Director of Consolidation, dated 15.02.2006 and the matter was remanded to Consolidation Officer for fresh decision. The petitioners challenged the aforesaid order in Writ Petition No. 175 (Consolidation) of 2006, which was dismissed on 23.10.2009. The petitioners filed Special Leave Petition (Civil) No. 2699 of 2010, against aforesaid order, which was also dismissed on 01.02.2010.;