Ram Surat Ram (Maurya), J. - (1.) Heard Sri Raj Kumar for the petitioners and Sri S.N. Pandey for respondents. The writ petition has been filed against the order of Deputy Director of Consolidation dated 22.8.2015 by which the application of the petitioners for summoning the original record of Case No. 4556/2220 decided on 30.3.1996 was rejected and a date has been fixed for argument in the restoration application.
(2.) The dispute between the parties is in respect of share of the property of Raja Ram. The petitioners are claiming to be collateral of Raja Ram and natural heirs under Sec. 171 of U.P. Act No. 1 of 1951. While on the other hand the respondents No. 4 and 5 are claiming to be the daughter's sons of Raja Ram and heirs under the registered Will dated 27.8.1953 executed by Raja Ram.
(3.) Admittedly, at the time of death of Raja Ram his widow namely Lachhani Devi was alive and Lachhani Devi filed an objection under Sec. 9 -A (2) of the Act for recording her name and names of her daughters and son -in -law on the basis of the Will dated 27.8.1953. It is alleged that the objection of Lachhani Devi was dismissed in default by order of Consolidation Officer dated 21.1.1975. Thereafter, a recall application has been filed and since the objection of Lachhani Devi was dismissed in default as such the share of Raja Ram in the property in dispute was divided amongst the remaining co -tenure holders according to the provisions of Sec. 171 of U.P. Act No. 1 of 1951. Thereafter, Lachhani Devi filed an application for recall of the order dated 21.1.1975 on 29.12.1995 along with delay condonation application which was allowed by order dated 9.1.19% and thereafter the Consolidation Officer by order dated 30.9.1996 decided the share of heirs of Raja Ram. Thereafter, an application under Rule 109A of U.P.C.H. Rules 1954 was filed on 11.3.2014 which was also allowed by the order dated 30.3.2015. The petitioners thereafter filed an application dated 5.5.2015 for recall of the orders dated 30.3.19% and 30.3.2015. The matter is still pending before the Consolidation Officer. In the meantime, the petitioners moved an application for summoning the original record of case No. 4556 decided on 30.3.1996 which was rejected by Consolidation Officer by the impugned order.;