Ram Surat Ram (Maurya), J. - (1.) HEARD Sri S.K. Purwar, for the petitioner and Sri Anand Yadav, for respondent -6. The writ petition has been filed for quashing orders of Settlement Officer Consolidation dated 5.9.2008 and Deputy Director of Consolidation dated 5.11.2014, passed in proceedings under sections 9 -A and 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) THE dispute relates to inheritance of the land of Khalkoo son of Raghunath recorded in khatas 24, 27, 28 and 29 of village Korwas, tahsil Mehrauni, district Lalitpur. Smt. Panthuriya (the petitioner) is married daughter and Smt. Ujyari (respondent -3) is widow of Har Prasad, a predeceased son of Khalkoo. Under section 171 of U.P. Zamindari Abolition and Land Reforms Act, 1950, a widow of predeceased son is a preferential heir than a married daughter. The petitioner took plea that Har Prasad died in 1961. Smt. Ujyari (respondent -3), being a young widow, remarried to Gajju in 1963, from whom, she was having three sons Ram Milan, Ram Singh and Bhuwan and one daughter Smt. Halki. Khalkoo died in the year 1985, leaving behind him the petitioner alone as his preferential heir. After death of Khalkoo, both the petitioner and respondent -3 filed their applications (registered as Case Nos. 7/1985 -86 and 20/1985 -86) under section 34 of U.P. Land Revenue Act, 1901, for mutation of their names as an heir. Tahsildar by order dated 11.5.1987 directed for mutation of the name of respondent -3 as an heir of Khalkoo. The petitioner filed an appeal (registered as Appeal No. 27/1986 -87), which was allowed by Assistant Collector by order dated 26.4.1988. It is alleged by the petitioner that respondent -3 filed a revision (registered as Revision No. 74/62), which was dismissed in default on 12.4.1993.
(3.) IN the meantime, the village was notified under section 4 (2) of the Act in March, 1989. After notification under section 9, respondent -3 filed an objection (registered as Case No. 282) under section 9 -A(2) of the Act, on 10.1.1996, claiming herself as an heir of Khalkoo and for recording her name over the aforesaid khatas. Consolidation Officer, by ex -parte order dated 5.8.1999, allowed the objection and directed for recording the name of respondent -3 as an heir of Khalkoo. The petitioner filed an application for setting aside exparte order dated 5.8.1999. According to the petitioner, this application is still pending.;