- (1.) Heard Sri Triveni Shankar, for the petitioners and Sri Manish Kumar Srivastava, who has filed caveat on behalf of respondent-4, 6 and 9.
(2.) The writ petition has been filed against orders of Consolidation Officer dated 02.01.2013, Settlement Officer Consolidation dated 18.05.2013 and Deputy Director of Consolidation dated 15.01.2015 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties is in respect of khatas 158-Aa [consisting plot 183 (area 0.32 acre)] and 174-Aa [consisting plot 182/2 (area 0.24 acre)] of village Chhatari, pargana Shivpur, district Varanasi. In basic consolidation year, khata 158-Aa was recorded in the names of Harinath son of Jaggan, Kalicharan son of Ramayan and Nakharu son of Balkaran. Khata 174-Aa was recorded in the names of Shiu, Shivdhari, Nithuri, Phoolchand, Bihari sons of Shiv Harakh and Harinath son of Jaggan. Harinath (now represented by the petitioners) filed an objection dated 10.03.1992, for recording his name over plot 182/2 (area 0.12 acre) on the basis of decree of Sub-Divisional Officer dated 10.05.1989 passed in Suit No. 114/160 under Section 229-B of U.P. Act No. 1 of 1951.;