- (1.) Heard Sri Prakash Chandra Tripathi, for the petitioners.
(2.) This writ petition has been filed against the orders of Consolidation Officer dated 25.11.1994 and Deputy Director of Consolidation dated 08.10.1998, passed in the proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Stamp Reporter has reported delay of 16 years 107 days in filing the writ petition. Delay has not been satisfactorily explained.
(3.) Dispute is in respect of inheritance of chak 44 of village Bargadawa Ramsahai, tahsil Farenda, district Mahrajganj, which was recorded in the name of Chandrabali son of Autar, who died on 06.09.1992. Smt. Ramdei (respondent-4) filed an objection for mutation of her name as an heir of Chandrabali, being his widow and as his heir under Section 171 of U.P. Act No. 1 of 1951, over the land in dispute. Chaitu and Ram Lakhan (now represented by the petitioners) filed another objection for mutating their names over the land in dispute on the basis of unregistered will dated 05.09.1992, allegedly executed by Chandrabali in their favour. The case was tried by Consolidation Officer. Respondent-4, apart from documentary evidence, examined Ramdei, herself and Ram Laut son of Ori as withness. The petitioners examined Ram Lakhan, Tulsi and Ram Das as witnesses, out of which Tulsi and Ram Das were attesting witnesses of the will dated 05.09.1992 and also filed original unregistered will dated 05.09.1992.;