Ram Surat Ram (Maurya), J. - (1.) HEARD Sri B.B. Paul, for the petitioners and Sri S.K. Pandey, for respondent -16. The writ petition has been filed against the orders of Consolidation Officer, dated 8.8.2003, Settlement Officer Consolidation dated 10.7.2013 and Deputy Director of Consolidation dated 2.3.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) PRIOR to present consolidation operation, village Baripur was placed under Consolidation operation, by notification dated 25.4.1965, under section 4 of the Act. At that time, in basic consolidation year, the land in dispute was recorded in the name of Jai Karan (father of the petitioner) in khata 372. There was another khata 431, which was recorded in the name of Sukhdeo (father of respondent -4 and brother of Jai Karan). On the dispute being raising under section 9 of the Act, claiming cotenancy in the land in dispute, the parties appeared before Assistant Consolidation Officer and entered into compromise. In terms of compromise, Assistant Consolidation Officer, by order dated 10.12.1965, passed in Case No. 408, directed to record the names of Ram Nath and Sukhdeo over khata 372. Similarly, in terms of compromise, Assistant Consolidation Officer, by order dated 27.5.1966, passed in Case No. 1354, recorded the names of Ram Nath and Jai Karan, in khata 431. None of the parties challenged the orders of Assistant Consolidation Officer. However, later on, village was notified under section 6 of the Act, in 1966. Ram Nath and Sukhdeo died and names of their heirs were mutated by order of Naib Tahsildar, in proceedings under section 34 of U.P. Land Revenue Act, 1901. Fresh consolidation operation was initiated by notification under section 4 of the Act, on 21.6.1982. Notification under section 9 was issued on 20.8.1987 and section 20 of the Act was issued on 30.9.1989. Chaks were confirmed on 5.12.1990. In the meantime, Jai Karan, father of the petitioner died and the name of the petitioner was mutated by Assistant Consolidation Officer on 12.10.1987.
(3.) THE dispute relates to basic consolidation year, khata 323 [consisting plots 1336 (area 0 -19 -0 bigha), 1337 (area 1 -16 -0 bigha), 1339 (area 0 -9 -0 bigha), 1340 (area 0 -10 -10 bigha), 1346 (area 1 -2 -0 bigha), 1347 (area 0 -13 -16 bigha), 1349 (area 1 -4 -13 bigha and 1564 (area 0 -10 -18 bigha)] of village Baripur, pargana Bhadohi, district Sant Ravidas Nagar, Badohi, which was recorded in the names of Chhottan and Nanhakoo sons of Jai Karan, Sukhdeo and Sukhnandan sons of Kanhai. The petitioner filed a time barred objection (registered as Case No. 59/184/768) under section 9 -A of the Act, for deleting the names of other recorded tenure holders from the land in dispute, along with delay condonation application, on 5.3.2001.;