Ram Surat Ram (Maurya), J. - (1.) Heard Sri H.P. Singh, for the petitioner and Sri K.C. Kishan Srivastava and Sri Ashok Kumar Srivastava, for respondent -3. The writ petition has been filed for mandamus directing consolidation authorities to demarcate chak -134 of village Kadipur, pargana Jaffarabad, district Jaunpur allotted to the petitioner, in proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) Total area of plot 230 was 1.574 hectare out of which plot 230/2 (area 0.213 hectare) was grove and is chak out. The petitioner was allotted chak -134 which consists two chaks i.e. first chak was on plots 242, 245 and 253 and second chak was on plots 230, 231 and 232. Plot 232 was original holding of the petitioner. In second chak of the petitioner plot 230 (area 0.039 hectare) has been included. Plot 230 was original holdings of Pyare Lal and his other co -sharers, in which Pyare Lal had 1/4 share.
(3.) Pyare Lal executed a sale deed dated 7.1.2013 of his 1/4 share in plot 230 to Prema Devi, who filed an objection along with delay condonation application, under Sec. 9 -A of the Act, for recording her name over the land purchased by her through sale -deed dated 7.1.2013. The objection was contested by Smt. Shashi Kala and her son Rahul on the ground that land in dispute was attached by Civil Court in O.S. No. 512 of 2009 as such sale -deed dated 7.1.2013 is void and the name of Prema Devi cannot be mutated over it. However, Consolidation Officer by order dated 1.2.2014 found that plot 230 was not subject matter of civil suit nor it was attached. On these findings he condoned the delay and rejected objection of respondent -3 and her son. Thereafter, by order dated 5.2.2014 directed for recording the name of Prema Devi over plot 230 (area 0.3935 hectare). Respondent -3 and her son filed two revisions (registered as Revision Nos. 1151 and 1152 of 2013 -14) against the aforesaid orders, which were consolidated and heard together. Deputy Director of Consolidation by order dated 21.7.2014 dismissed the revisions. Respondent -3 and her son filed Writ B No. 44195 of 2014 against the aforesaid order, which was dismissed by order dated 25.8.2014.;