- (1.) Heard Sri Upendra Kumar Verma, for the petitioners.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 27.01.2010, Settlement Officer Consolidation dated 23.02.2011 and Deputy Director of Consolidation dated 17.06.2015, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties is for inheritance of chaks 67-Aa, 204 and 441 of village Kamoliya, pargana and district Bahraich, which were carved out in the name of Ram Naresh son of Mangal. Udai Raj Pandey alias Bhallar (respondent-4) filed an objection (which has now been registered as Case No. 7 of 2009-2010) under Section 12 of the Act, for mutating his name over the chaks in dispute, claiming himself to be only son and heir of Ram Naresh, who admittedly died on 29.11.1994. The petitioners filed counter objection, for mutating their names over the chaks in dispute, claiming to be brother's sons of Ram Naresh. It has been stated by the petitioners that Ram Naresh was married to Smt. Ram Rani, from whom one son Bhallar was born, who died in the age of 2-3 years, during life time of Ram Naresh. Later on Smt. Ram Rani remarried to Deena Nath in 1979 and changed her name as Smt. Nankana Devi. Udai Raj (respondent-4) was born to Smt. Nankana Devi from Deena Nath after her remarriage. After death of Ram Naresh, Udai Raj by changing his alias name as Bhallar has mala fide claiming himself as son of Ram Naresh. Ram Naresh died issueless (as his only son Bhallar had already died during his lifetime). The petitioners, being brother's sons of Ram Naresh were his nearest heirs under Section 171 of U.P. Act No. 1 of 1951 and after his death they inherited the land in dispute and were in possession of it.;