Ram Surat Ram (Maurya), J. - (1.) Heard Sri V. Singh, for the petitioner and Sri K.C. Kishan Srivastava and Sri Ashok Kumar Srivastava, for respondents -5 and 6. The writ petition has been filed for mandamus directing consolidation authorities to demarcate chak -318 -A (consisting plot 230 (area 0.324 hectare) of village Kadipur, pargana Jaferabad, district Jaunpur allotted to the petitioner, on the spot, in proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) Admittedly plot 230 was original holdings of Pyare Lal and his other co -sharers, in which Pyare Lal had 1/4 share. 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. Pyare Lal son of Ram Manohar was allotted chak -318 during consolidation operation. First chak of Pyare Lal was on plot 436, second chak was on plots 602 and 604, third chak was on plot 560 and fourth chak was on plot 230/1 (area 0.324 hectare). Chak of Pyare Lal as allotted above has become final. Pyare Lal executed a registered sale deed dated 7.1.2013 of his 1/4 share in plot 230 (area 1.574 hectare) (i.e. area o.3935 hectare) in favour of the petitioner.
(3.) The petitioner 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 respondents -5 and 6 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 the petitioner 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 respondents -5 and 6. Thereafter, by order dated 5.2.2014 directed for recording the name of the petitioner over plot 230 (area 0.3935 hectare). Respondents -5 and 6 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. Respondents -5 and 6 filed Writ B No. 44195 of 2014 against the aforesaid order, which was dismissed by order dated 25.8.2014. In pursuance of the order dated 5.2.2014, chak -318 -A was carved out, in the name of the petitioner on plot 230/1 (area 0.324 hectare).;