Ram Surat Ram, J. - (1.) SUPPLEMENTARY affidavit filed today, is taken on record. Heard Sri Chandra Shekhar Agnihotri for the petitioners and Sri R.M. Upadhyay for respondent -4.
(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 24.8.2009, Settlement Officer Consolidation dated 12.5.2011 and Deputy Director of Consolidation dated 30.9.2013 and 16.9.2014 passed in the title proceeding under U.P. Consolidation of Holdings Act. The dispute related to plot No. 282 (area 15 biswa) of village Gajadharpuro, Tappa Khalilabad, Distt. Basti. In basis consolidation record name of Prem Kishori now represented by the petitioners and Suryamani, respondent -4 were recorded over the land in dispute. The dispute was noted in CH Form 4 to the effect that share of Smt. Prem Kishori was 2/3 while share of Suryamani, respondent -4 was 1/3. Prem Kishori filed an objection under section 9 of the Act claiming to be sole owner of the land in dispute. It has been stated by Smt. Prem Kishori that land in dispute was purchased through sale -deed dated 8.9.1970 from Raj Mani and Lal Mani, as they have also acted as guardian of Suryamani, respondent -4 accordingly sale -deed executed by the guardians can be said to be voidable document and it was not got cancelled by the Civil Court within the limitation as such Smt. Prem Kishori was owner of the entire land in dispute. In alternative she was claiming that on the basis of sale -deed dated 8.9.1970 , she took possession over the land in dispute on the date of sale -deed and since men she has been in exclusive possession over it. The age of Suryamani in 1970 was 12 years and he attained the age of majority in the year 1976 but no suit has been filed for taking possession within the limitation over the land in dispute as such right, if any, of Suryamani has come to an end.
(3.) THE case was tried by the Consolidation Office who by order dated 24.8.2009 found that the mother of Suryamani was alive and died in the year 1980 and during her life time the brothers have no right and no guardian of Suryamani was appointed by the Civil Court under the provisions of Minority of Guardianship Act. Name of Prem Kishori was mutated by the order dated 28.8.1971 on the basis of sale deed. In the mutation order also the name of Suryamani was not deleted and he remained co -sharer over the land in dispute. Accordingly, it was found that sale -deed was valid in respect of 2/3 share of Raj Mai and Lal Mani and share of the petitioners were found as 1/3. The petitioners filed an appeal against the aforesaid order. The Settlement Officer Consolidation by order dated 12.5.2011 upheld the findings of the Consolidation Officer and dismissed the appeal. Thereafter the petitioners filed a revision against the aforesaid order. The revision was dismissed by order dated 30.9.2013 holding that the petitioners have neither argued the matter nor file any written argument. The petitioners filed an application for recall of the order on 1.1.2014. In the recall application the petitioners have stated that earlier the petitioners were informed that the file was misplaced somewhere as such the Reader informs them as soon as file is traced, fresh notice will be issued and they will be given information but without issuing any notice the revision was dismissed ex parte on 30.9.2013. Restoration application was heard by the Deputy Director of Consolidation who by order dated 16.9.2014 rejected the restoration application. Hence this writ petition has been filed.;