Ram Surat Ram (Maurya), J. - (1.) Heard Sri A.P. Tiwari, for the petitioners and Sri Rama Shankar Mishra, for respondent -3. This writ petition has been filed against the orders of Consolidation Officer dated 29.11.2014 and Deputy Director of Consolidation dated 8.9.2015, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute between the parties is in respect of plots 86 (area 0.038 hectare), 87 -A (area 0.100 hectare), 87 -B (area 0.316 hectare), 94 (area 0.139 hectare), 374 -A (area 0.101 hectare) and 534 (area 0.202 hectare) (six plots, total area 0.897 hectare) of village Garhia Gangwar, pargana Ujhani, district Badaun, which were recorded in basic consolidation year khata -132, in the names of Nandram and Jangi Singh (the petitioners) along with plots 306 (area 0.392) and 374 -B (area 101).
(3.) Ram Singh son of Surajpal and Neksoo son of Thakuri (respondents -3 and 4) (hereinafter referred to as the respondents) filed an objection dated 17.11.2012 (registered as Case No. 1810 of 2012) (later on as Case No. 247 of 2014 -15) under Sec. 9 -A of the Act, for recording the names of respondents -3 to 7 over the land in dispute. It has been stated by the respondents that the land in dispute was their ancestral property. It was recorded in the name of Thakuri son of Trimal, resident of village Kaua Nagla, in khata -69 of 1362 -F. The name of Thakuri son of Sumeri, resident of village Garhia Gangwar was recorded in khata -70 of 1362 -F, which consisted plots 306 (area 0.392) and 374 -B (area 101). Both Thakuri were different persons. After death of Thakuri son of Sumeri, Supervisor Kanoongo has illegally made one khata 57 in 1374 -F of the aforesaid plots of two different khatas and the name of Lauki son of Thakuri was mutated as an heir of Thakuri son of Sumeri, on the basis of report under PA -11 -A by order dated 5.10.1967. They never came to know about the aforesaid entry. Thukuri son of Trimal was inherited by his sons Surajpal, Neksoo and Raghubir. Raghubir has died and was inherited by his widow Smt. Jamuna Devi and sons Bahoran and Dheer Singh (respondents -5 to 7). They were through out in possession over the land in dispute and their names be recorded over it.;