RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Syed Wajid Ali, for the petitioner and Sri A. Chaturvedi, holding brief of Sri Rohit Agrawal, for respondent -3.
(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 07.07.1999, by which he has directed to hand over possession over the land in dispute to Smt. Usha Srivastav (respondent -3) as CH Form -23 was prepared in her name in the proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) THE dispute pertains to plot 1176 (area 0.930 hectare) of village Sauraha, tappa Lehra, pargana Haveli, district Mahrajganj, which was recorded in the name of Smt. Sarojini widow of Brij Bahadur Lal, in khatauni 1395 F -1400 F, in khata 399. By the order of Tahsildar dated 10.01.1992, name of Smt. Usha Srivastav wife of Ashok Kumar Srivastav was recorded over the land in dispute on the basis of alleged family settlement. Admittedly Ashok Kumar Srivastav was step son of Smt. Sarojini. In basic consolidation year, land in dispute was recorded in khata 22, in the name of Smt. Usha Srivastav (respondent -3). In Provisional Consolidation Scheme, chak 43 was carved out in the name of Smt. Usha Srivastav. Ajai Kumar (the petitioner) filed an objection (registered as Case No. 127 and 128) under Section 9 -A (2) of the Act, for recording his name over the land in dispute, on the basis of gift deed dated 13.01.1993, executed by Smt. Sarojini in his favour. This case is still pending before Consolidation Officer. It is alleged that Smt. Sarojini went to Orisa on 09.11.1991, from her village Sauraha and came back to village Sauraha on 08.05.1995. Taking advantage of the absence of Smt. Sarojini, Ashok Kumar Srivastav committed fraud and got the name of Smt. Usha Srivastav recorded, on the basis of fabricated family settlement and producing an imposter lady before Tahsildar. On coming to know about the order dated 10.01.1992, she filed an application for recall of the order, in June 1995, which was allowed by Tahsildar by order dated 08.07.1996 and the case was abated under Section 5 (2) of the Act. Appeal filed by Smt. Usha Srivastav against the aforesaid order was dismissed on 06.08.1997. Revision/ Reference filed by Smt. Usha Srivastav was also dismissed by Additional Commissioner by order dated 23.11.1998.;