Ram Surat Ram (Maurya), J. - (1.) HEARD Sri M.N. Singh, for the petitioner and Sri Jitendra Prasad, for respondents. The writ petition has been filed for quashing the order of Deputy Director of Consolidation dated 2.6.2015 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(2.) THE dispute relates to khata -77 (consisting plots 1828 (area 10 biswa), 1833 (area 13 biswa) and 1834 (area 16 biswa) of village Bhatpura, tappa Chaurasi, pargana Kantit, district Mirzapur. In basic consolidation year names of Shanta Prasad (now represented by the petitioner) and Jwala Prasad (respondent -2) were recorded. At the time of portal, shares of Shanta Prasad and Jwala Prasad were noted as 1/2 each. The village was notified under section 9 of the Act on 4.2.1989. Assistant Consolidation Officer by order dated 15.3.1989 recorded shares of Shanta Prasad and Jwala Prasad as 1/2 each. Shanta Prasad filed a time barred objection (registered as Case No. 3008) under section 9 -A of the Act, on 14.1.1998, for deleting the name of Jwala Prasad from the land in dispute, along with delay condonation application. It is alleged that matter was compromised before Consolidation Officer and a written compromise was filed by the parties on 11.9.1998. On the basis of which Consolidation Officer allowed the objection by order dated 26.10.1998. Jwala Prasad filed an application for recall of the aforesaid order, on 25.2.2000, along with delay condonation application, which was allowed by order dated 25.3.2003 and order dated 26.10.1998 was set aside and the objection was restored.
(3.) THEREAFTER , the case was tried by Consolidation Officer. The petitioner filed a photostat copy of document dated 5.1.1994, allegedly executed by Jwala Prasad, in which it has been mentioned that after taking Rs. 40,000/ - from Shanta Prasad, Jwala Prasad had relinquished his share in the land in dispute in his favour. He examined two witnesses, namely Jagdish and Saltu as witnesses of the deed dated 5.1.1994. Jwala Prasad examined himself and stated the land in dispute was his ancestral property in which he had 1/2 share. He neither executed deed dated 5.1.1994 nor signed the compromise dated 11.9.1998. The Consolidation Officer, after hearing the parties, by order dated 20.6.2009 again allowed the objection and directed to delete the name of Jwala Prasad. Jwala Prasad filed an appeal (registered as Appeal No. 518/734 A/1075) from the aforesaid order, which was dismissed by Settlement Officer Consolidation, by order dated 4.12.2010.;