Ram Surat Ram, J. - (1.) Heard Sri Kuldeep Singh, for the petitioners and Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan, for respondents -4 to 7. This writ petition has been filed against the orders of Consolidation Officer dated 5.12.2005 and Deputy Director of Consolidation dated 6.12.2013, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute relates to plot 69 (area 1.40 acre) of village Sonbarsa, pargana Mahadeva, district Gonda, which was recorded in basic consolidation year khata 25 in the name of Agya Ram (father of the petitioners). Lauhar (now represented by respondents 4 to 7) (hereinafter referred to as the respondent) filed an objection (registered as Case No. 80) under Sec. 9 -A of the Act, for deleting the name of Agya Ram from the land in dispute and recording his name over it. The respondent stated that land in dispute was his ancestral holdings. In previous consolidation operation, it came to be recorded in his name by inheritance. By coming forgery in revenue record, plot 69 (area 1.40 acre) was recorded in the name of Agya Ram, while remaining area of 0.07 acre was recorded in his name. Agya Ram contested the case and stated that land in dispute was in his possession for last 44 years. He filed an objection for recording his name over the land in dispute in previous consolidation, which was dismissed. However, he filed an appeal, in which compromise was filed and the appeal was decided by order dated 13.6.1966, in terms of compromise. Since then his name was continuously recorded in the revenue record.
(3.) Before Consolidation Officer, the respondent filed CH Form -11, CH Form -41 and CH Form -45 of previous consolidation in which plot 69 area 1.47 acre was recorded in the name of Lauhar, CH Form -41, showing that plot 69 was carved out from old plots 283 -Sa, 343 -Sa and 344, etc. (total 16 plots, which were recorded in the name of Janki (father of Lauhar) in CH Form -11), khatauni 1366 F to 1368 F, in which plot 69 (area 1.47 acre) was recorded in the name of Lauhar, Pariwar Register and examined himself. Agya Ram filed CH Form -2 -A, copy of order of Settlement Officer Consolidation dated 13.6.1966, khatauni 1372 F to 1391 F and examined himself. Consolidation Officer, by his order dated 5.12.2005, held that from CH Form -11, 41 and 45 of previous consolidation and khatauni 1366 F to 1368 F it is proved that in previous consolidation land in dispute was recorded in the name of Lauhar from inheritance and final consolidation record (CH Form -45) was prepared in his name. Thereafter in khatauni 1366 F to 1368 F also his name was recorded over entire area of 1.47 acre of plot 69. However, later on by committing forgery, an area of 1.40 acre of plot 69 was recorded in the name of Agya Ram. On these findings objection of the respondent was allowed and the name of Agya Ram was deleted from the land in dispute and it was recorded in the name of Lauhar.;