- (1.) Heard Sri M.C. Chaturvedi, Senior Advocate, assisted by Sri Anil Kumar Pathak, for petitioner-1, Sri Rohan Gupta, for petitioner-2 and Sri R.S. Mishra, for contesting respondents-4 and 5 (hereinafter referred to as the respondents).
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 08.08.2011, Settlement Officer Consolidation dated 30.05.2014 and Deputy Director of Consolidation dated 20.02.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to the land of basic consolidation year khata 57 (consisting plots 610 (area 18 biswa), 620 (area 1 bigha 6 biswa), 621 (area 9 biswa) and 622 (area 1 bigha 3 biswa) (total 3 bigha 16 biswa) of village Mohammadpur, tahsil Kanpur, district Kanpur Nagar. In basic consolidation year, khata in dispute was recorded in the names of Narain and Durga sons of Murli, in which an amaldaramad was also made by Supervisor Kanoongo on the basis of report on PA-11 that Narain was dead and his brother Durga was his heir. Om Praksh (petitioner-2) filed an objection (registered as Case No. 3434) under Section 9-A of the Act, for recording his name as an heir of Narain, being his adopted son. Another objection was filed by Sadhu Singh (registered as Case No. 3435) under Section 9-A of the Act, claiming his adverse possession over plot 621 (area 9 biswa). The Consolidation Officer, by order dated 01.06.1978 dismissed the objection of Sadhu Singh and that order has become final.;