- (1.) Heard Sri Umesh Kumar Srivastava, for the petitioners and Sri M.P. Yadav, for contesting respondents.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 12.02.2013 and Deputy Director of Consolidation dated 07.03.2013, passed in recall applications in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) The dispute between the parties relates to the land of khata 16 of village Madari Khera, pargana Nigohan and district Lucknow, which was recorded in the names of Imtiyaz Ahmad and Syed Ahmad sons of Mohd. Nisar Ahmad, in basic consolidation records. Aziz Ahmad, Mumtaz Ahmad and Majharul Anwar Ahmad (now represented by the petitioners) filed an objection, for recording their names as the heirs of Imtiyaz Ahmad and deleting the name of Syed Ahmad, stating that name of Syed Ahmad was recorded without any basis. Syed Ahmad filed counter objection and claimed that his name was rightly recorded over the land in dispute, in which he had 1/2 share. During pendency of the case, before Consolidation Officer, Aziz Ahmad and Syed Ahmad died. The petitioners moved applications for substitution of the heirs of Aziz Ahmad and Syed Ahmad, which were allowed. Thereafter, Consolidation Officer, by order dated 29.09.2011, allowed the objection of the petitioners holding that Imtiyaz Ahmad was sole owner of the land in dispute and name of Syed Ahmad was recorded without any basis and directed for recording the names of the petitioners, deciding their share and deleting the name of Syed Ahmad.;