RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Sunil Kumar Singh, for the petitioner and Sri Chandra Kumar Rai and Sri R.K. Singh Baghel, for respondent -4.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 20.12.2014, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) THE dispute relates to the land of khatas 6 and 7 of village Barawan, tahsil Mohammadabad Gohna, district Mau, which was recorded in the name of Ram Sudhar son of Kalika Chaube, who died on 15.01.2005. Subhash Chaubey filed an application under Section 12 of the Act, for mutation of his name over the land in dispute on the basis of an unregistered will dated 20.04.2004, allegedly executed by Ram Sudhar, in his favour. Smt. Sumitra alias Sunita also filed an application under Section 12 of the Act, for mutation of her name over the land in dispute, claiming herself as the widow of Ram Sudhar. Assistant Consolidation Officer referred aforesaid applications to Consolidation Officer on 08.07.2005, where it was registered as Case No. 221, Subhash Chaubey Vs. Ram Sudhar, under Section 12 of the Act. The Consolidation Officer called for a report from Assistant Consolidation Officer, who submitted his report dated 15.05.2006, along with a Death Certificate issued by Pradhan, showing that Smt. Sumitra alias Sunita also died on 01.10.2005. The Consolidation Officer, without issuing any proclamation, by his order dated 25.05.2006, directed for mutation of the name of Subhash Chaubey (the petitioner) as an heir of Ram Sudhar, being his real brother, over the land in dispute. On coming to know about the exparte order dated 25.05.2006, Smt. Sumitra alias Sunita filed an application dated 23.06.2006 for recall of the order before Consolidation Officer. However hearing in the recall application was delayed as such, Smt. Sumitra alias Sunita also filed an appeal (registered as Appeal No. 1983/2605) along with delay condonation application on 05.08.2006. The appeal was heard by Settlement Officer Consolidation, who by his order dated 13.02.2007, condoned the delay but dismissed the appeal on merit, holding that mutation application was signed by Sunita Chaubey and not by Sumitra Chaubey. From the Death Certificate issued by Nagar Nigam Allahabad, it was proved that Sumitra Chaubey had died on 01.10.2005. Pass Book of Indian Overcease Bank was in the name of Sunita Chaubey, on which her photograph was affixed and Certificate issued by Pradhan was in respect of that lady Sunita Chaubey, who was not widow of Ram Sudhar and not in respect of Sumitra Chaubey widow of Ram Sudhar. Signature of Sumitra Chaubey made on the memorandum of the appeal is different from on the restoration application.;