- (1.) HEARD Sri K. Ajit, for the petitioner and Sri Mithilesh Kumar Tiwari, for the contesting respondents.
(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 24.05.2014, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").
(3.) THE dispute between the parties is in respect of inheritance of Nanhey son of Subrati, who was co -sharer, in khatas 108, 109, 210, 211 and 213 of village Saifani, tahsil Shahbad, district Rampur. Nanhey died on 29.10.1997. The petitioner filed an objection (registered as Case No. 9) under Section 12 of the Act, for mutating her name, on the basis of will dated 17.09.1997, executed by Nanhey in her favour. The objection was filed on 01.11.1997, before Assistant Consolidation Officer, who referred it to Consolidation Officer. It is alleged that Consolidation Officer issued proclamation fixing 20.12.1997. On that day, no counter objection was filed by any one as such he recorded exparte evidence of the petitioner and by order dated 20.12.1997 directed for mutation of the name of the petitioner, in place of Nanhey. Bismillah (daughter's daughter of Nanhey) (respondent -4) filed an appeal (registered as Appeal No. 98) from aforesaid order, claiming herself as an heir of Nanhey, on the basis of will dated 28.09.1997, executed by Nanhey in her favour. Sukhi (daughter of Nanhey) (respondent -3) filed an appeal (registered as Appeal No. 99) from aforesaid order, claiming herself as an heir of Nanhey, on the basis of will dated 21.09.1997, executed by Nanhey in her favour. Chhote (brother of Nanhey) (respondent -5) filed an appeal (registered as Appeal No. 100) from aforesaid order, claiming himself as an heir of Nanhey, under Section 171 of U.P. Act No. 1 of 1951. Aforesaid appeals were consolidated and heard by Settlement Officer Consolidation, who by order dated 05.12.2012, held that Sukhi and Bismillah had not filed original wills dated 21.09.1997 and 28.09.1997, respectively, on the basis of which they had claimed their right, before him, although burden was upon them to file original will and prove it according to law. Bismillah could not produce Probate issued by High Court. Chhote was not pursuing his appeal for a long time. On these findings, the appeals were dismissed.;