RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Ashok Trivedi, for the petitioners and Sri R. S. Yadav, for respondents -2 to 5.
(2.) THIS writ petition has been filed against the orders of Consolidation Officer dated 26.03.2011, Settlement Officer Consolidation dated 21.12.2011 and Deputy Director of Consolidation dated 05.11.2014, passed in the proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) DISPUTE is in respect of inheritance of chak 78 of village Moth and chak 19 of village Rev, tahsil Moth, district Jhansi, which were recorded in the name of Gopi Nath, who died on 20.11.1983. Keshav Kumar (now represented by respondents -2 and 3), Surendra Kumar (now represented by respondents -4 to 7) and Anand Kumar (now represented by the petitioners) filed an application dated 24.12.1983 for mutation of their names, being sons of Gopi Nath, as his heirs under Section 171 of U.P. Act No. 1 of 1951, over the land in dispute. Smt. Rajo Bai widow of Gopi Nath filed another application dated 10.05.1984 for mutating her name over the land in dispute on the basis of unregistered will dated 17.11.1983, allegedly executed by Gopi Nath in her favour. Initially Assistant Consolidation Officer by order dated 26.06.1984 allowed the application of Smt. Rajo Bai. But order dated 26.06.1984 was set aside in appeal filed by Keshav and others, by order dated 15.12.1984 and the matter was remanded to Consolidation to try both the applications together and decide it afresh. It may be mentioned that Gopi Nath had agricultural land in villages Burhawali, Bambrauli, Bharosa and Patharra also, where names of three sons of Gopi Nath were mutated. Although under the Will dated 17.11.1983, land of village Patharra was given to Smt. Urmila Devi (daughter of testator) but she did not file any objection or raised any dispute. After remand, Keshav and others examined Keshav Kumar PW -1, Surendra Kumar PW -2, Raghunandan PW -3, Mahmood Ahmad Siddiqui PW -4 and Vishwa Nath PW -5 and also filed some documentary evidence to disprove signatures of Gopi Nath, on the will dated 17.11.1983 and also to show that Gopi Nath was seriously ill at that time. Smt. Rajo Bai filed original will dated 17.11.1983 and examined Thakur Das DW -1, Ram Kishun DW -2, Smt. Rajo Bai DW -3. Smt. Rajo Bai died on 24.11.1992, then Anand Kumar filed an application for his substitution as a legatee of Smt. Rajo Bai, under her will dated 11.11.1985. Anand Kumar filed original will dated 11.11.1985 and examined Jagdish Prasad and Shree Prakash, attesting witnesses of the will and Himanshu Mohan.;