ANJANI KUMAR MISHRA, J. - (1.) HEARD learned counsel for the petitioner and Sri Neeraj Agarwal for the contesting respondents.
(2.) THE petition arises out of proceedings under Section 12 of the U.P. Consolidation of Holdings Act and is directed against the orders passed by the Settlement Officer Consolidation dated 01.12.1982 and that of the Deputy Director of Consolidation dated 13.05.1986. The dispute in the writ petition pertains to Chak no. 172 of village Ranjitpur, Pargana Akbarpur, District Kanpur recorded in the name of Rajjo Kunwari widow of Vishambhar.
(3.) RAJJO Kunwari died on 25.05.1978. Thereafter the respondent no. 3, Dinesh Chand, filed an objection under Section 12 on 28.08.1978 claiming to be the heir of the deceased. Earlier to this application an application had been filed by the petitioner on 15.08.1978 claiming mutation in her name as also her sister Vijay Laxmi, respondent no. 4. Dinesh Chand respondent no. 3 is the son of Vijay Laxmi. The claim of the petitioner was based on succession while the claim of Dinesh Chand was based on an alleged will dated 15.05.1978 which was got registered on 16.10.1978 after the death of Rajjo Kunwari. The case of the petitioner is that the alleged will is forged. The Consolidation Officer consolidated the two objections and vide order dated 20.08.1982 discarded the will and ordered that the petitioner and her sister, respondent no. 4 be mutated. The resultant appeal filed by the Dinesh Chand was allowed by the Settlement Officer Consolidation on 01.12.1982 which order has been affirmed by the revisional court by its order dated 13.05.1986. Hence this writ petition challenging the appellate and revisional orders.;