Ram Surat Ram (Maurya), J. - (1.) Heard Sri Pradeep Verma, for the petitioner and Sri Gajendra Pratap, Senior Advocate, assisted by Sri Arvind Kumar Kushwaha, for respondent -3. This writ petition has been filed against the order of Deputy Director of Consolidation dated 14.7.2014, passed in proceeding under Sec. 9 -A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute pertains to the land recorded in basic consolidation year khata 141 (consisting of plots 16/684 (area 0 -1 -0 bigha), 17 (area 1 -13 -0 bigha), 25 -kha (area 0 -5 -0 bigha), 34 (area 0 -2 -0 bigha), 146 (area 0 -5 -0 bigha), 148 -kha (area 0 -3 -0 bigha), 149 (area 0 -3 -0 bigha), 160 (area 1 -0 -0 bigha), 161 -kha (area 0 -11 -0 bigha), 162 (area 1 -0 -0 bigha), 212 -kha (area 1 -16 -0 bigha), 220 -kha (area 0 -2 -0 bigha), 222 (area 0 -3 -0 bigha), 223 (area 0 -3 -0 bigha), 224 (area 0 -3 -0 bigha), 230 -ka (area 0 -2 -0 bigha), 321 -kha (area 0 -14 -0 bigha), 328 -cha (area 0 -4 -0 bigha), 329 (area 6 -3 -0 bigha), 340 -ka (area 0 -10 -0 bigha), 368 -ka (area 6 -2 -0 bigha), 371 (area 0 -8 -0 bigha), 386 (area 1 -4 -0 bigha), 400 -ka (area 0 -11 -0 bigha), 436 -ga (area 0 -5 -0 bigha), 437 -kha (area 0 -2 -0 bigha), 443 -k (area 0 -10 -0 bigha), 444 -kha (area 0 -10 -0 bigha), total 28 plots (area 24 -15 -0 bigha), of village Raipura, tahsil Robertsganj, district Sonebhadra, which were recorded in basic consolidation year in the name of Smt. Gangi, widow of Ram Surat. During portal following disputes amongst other were noted in CH Form -4: - - (i) Smt. Parwati daughter of Mewa (respondent -3) claimed for recording her name and deleting the name of Smt. Gangi from the khata in dispute. (ii) Shiv Shankar (respondent -7) claimed for recording his name over plots 160 (area 1 -0 -0 bigha), 161 (area 0 -11 -0 bigha) on the basis of sale deed executed by Ram Surat in his favour, (iii) Smt. Amarawati claimed for recording her name over plots 371 (area 0 -8 -0 bigha), 386 (area 1 -4 -0 bigha), 436 -ga (area 0 -5 -0 bigha), 443 -k (area 0 -10 -0 bigha) on the basis of sale deed executed by Ram Surat in her favour. (iv) Zahruddin (the petitioner) claimed for recording his name over plot 212 (area 1 -16 -0 bigha) on the basis of sale -deed executed by Ram Surat in his favour. Various other disputes were also noted in respect of different plots of khata 141 in CH Form -4 but its reference are not relevant. Assistant Consolidation Officer referred the disputes to Consolidation Officer for decision and issued notices to the parties. Subsequently Smt. Gangi filed various objections on 28.8.1991 under Sec. 9(2) of the Act for rejecting the claims of various persons as noted in CH Form -4. Amarawati filed an objection on 20.8.1991, claiming that Smt. Gangi executed two sale deeds 17.2.1989 and 13.7.1996 of the land in dispute in her favour as such her name be recorded ever the khata in dispute. During pendency of the cases, before Consolidation Officer, Smt. Gangi died in August 1998 and in her place, Amarawati was substituted as her legal representative by order dated 11.8.1999. Smt. Parwati (respondent -3) and Nanki filed an objection on 21.8.1991 under Sec. 9(2) of the Act, for recording their names over the land in dispute. Smt. Nanki died in January, 1996 and in her place Banarasi was substituted on 12.3.1996. Zahruddin (the petitioner) and Shiv Shankar also filed their separate objections under Sec. 9(2) of the Act.
(3.) All the cases were consolidated and tried by Consolidation Officer. Consolidation Officer issued notices to the parties on 30.10.1991, fixing 11.11.1991. The cases were adjourned on 11.11.1991, 19.11.1991, 29.11.1991, 10.12.1991, 13.12.1991. On 18.12.1991, the parties took time for filing compromise and 20.12.1991 was fixed. On 20.12.1991, none of the parties or their Counsel appeared and Consolidation Officer decided all the cases ex parte. Thereafter, Parwati filed an application dated 20.12.1991 for recall of the order, which was allowed on 20.12.1991. On the application the word "swikrit" has been written. On the order sheet "Restoration application filed by Parwati is allowed. Put up on 30.12.1991 for evidence of the plaintiff" has been written. Amarawati put appearance before Consolidation Officer 12.3.1992. From the order sheet of Consolidation Officer, it appears that Amarawati attended the Court on the date fixed in the case up to 12.12.2002. On 24.12.2002, statement of Parwati was recorded and on 5.5.2003, statement of her witness, Hanuman was recorded. On 26.10.2004, Amarawati was given last opportunity to adduce her evidence. On 25.9.2006, order dated 13.12.1991 passed in Case Nos. 1333 and 1334 were recalled and these cases were also consolidated with Case No. 124 and 4.11.2006 was fixed for framing issues.;