Ram Surat Ram (Maurya), J. - (1.) Heard Sri M.N. Singh, for the petitioners and Sri S.F.A. Naqvi, along with Sri Shivaji Singh Sisodiya, for respondents - 2 and 29. The writ petition has been filed against the order of Deputy Director of Consolidation dated 5.6.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute relates to the share of the parties in basic consolidation year khata 587 (consisting plots 239 (area 10 biswa), 242 (area 19 biswa) and 1185 (area 5 biswa) (total 1 bigha 14 biswa) of village Thiriya Nizawat Khan, tahsil and district Bareilly. It may be mentioned that in lieu of plots 239 (area 10 biswa), 242 (area 19 biswa) and 1185 (area 5 biswa) (total 1 bigha 14 biswa), Chak 1034 on plots 239/1, 239/2, 240, 241 and 242 (total area 1 bigha 10 biswa 14 biswansi) was allotted. In basic consolidation year, khata in dispute was recorded in the names of Yaqoob Khan (now represented by respondents -8 to 11), Akbar Khan (now represented by respondent -7), Mehdi Hasan Khan son of Nasarullah Khan, Shanshah Wali (now represented by respondents -40 to 41), Sher Mohammad (now represented by respondent -6), Chhiddu Khan, Bhurey Khan (now represented by respondents -12 to 14), Rahmat Ali Khan (now represented by respondents -2 to 5), Sherandaz Khan (respondent -6), Jaan Mohammad (now represented by respondents -29 to 32), Zakir Ali (now represented by respondents -23 and 24), Banne Khan (now represented by respondents -33 and 34), Babu Khan (now represented by respondents -21 and 22), Israil Khan, Niyaz Ali Khan, Lau Khan sons of Khan Mohammad and Smt. Nanhi Devi wife of Khem Karan (now represented by the petitioners). It may be mentioned Mangal Khan son of Nawab Ali alias Nabban Ali executed a sale deed dated 20.6.1973 of his share in the land in dispute and on its basis, name of Smt. Nanhi Devi was mutated over the land in dispute on 28.8.1973. Smt. Nanhi Devi was inherited by her son Makhan Lal, whose name was mutated by order of Assistant Consolidation Officer dated 14.1.1992 as her heir. Makhan Lal executed a sale deed dated 27.10.1993 in favour of Safdar Ali Khan (father of the petitioners) and his name was mutated by order of Assistant Consolidation Officer, dated 12.1.1994.
(3.) Jaan Mohammad filed an objection (registered as Case No. 521/05 -06) under Sec. 9 -A of the Act, for recording his name as an heir of Mohammad Khan son of Meer Khan, over khata -12 and declaring his share as 1/3 in both khatas 12 and 587. Hasmat Ali Khan, Liyakat Ali Khan, Riyasat Ali Khan, Azaz Khan sons of Rahmat Ali Khan filed an objection for recording their names as heirs of Rahmat Ali Khan and declaring their shares as 1/3 jointly in khata 587. The petitioners filed an objection for recording their names as an heirs of Safdar Khan and for separating their 1/4 share jointly, in khata 587. The Consolidation Officer, by order dated 14.6.2006, held that land in dispute originally belonged to Imam Khan, who was inherited by his three sons Sharfoo Khan, Meer Khan and Rajjab Khan. Khan Mohammad was son of Meer Khan. Hashmat Khan and others were sons of Khan Mohammad and had 1/3 share jointly. As in the sale deed dated 27.10.1993 executed by Makhan Lal in favour of Safdar Ali Khan (father of the petitioners), 1/4 share has been mentioned as such the petitioners had 1/4 share jointly. On these findings, share of the petitioners was held as 1/4. Hashmat Khan and others filed an appeal from the aforesaid order, which was dismissed by Settlement Officer Consolidation by order dated 8.4.2008. Hashmat Khan and others filed a revision against the aforesaid order, which was allowed by order dated 13.3.2009 and the orders of Consolidation Officer and Settlement Officer Consolidation were set aside and the matter has been remanded to Consolidation Officer for fresh decision. Nisar Ali Khan filed Writ B No. 20892 of 2003, against remand order, which was later on dismissed as withdrawn on 19.11.2013, as dispute between the respondents was compromised.;