- (1.) Heard Sri R.C. Singh learned counsel for the petitioners and Sri Manish Chandra Tiwari for the respondents.
(2.) The petition arises out of an objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act and seeks quashing of the order dated 27.01.1986, (annexure 7) passed by the Deputy Director of Consolidation.
(3.) The dispute in the writ petition pertains to land of Khata nos. 64 and 78 of Village- Khalwa Patti, Tapasaphi Kachiya, Tehsil Padrauna, District Deoria. In the basic year record, Khata no. 64 was recorded in the name of the petitioners and the respondents. The petitioners filed an objection claiming to be the bhumidhars thereon. It was alleged that the name of the respondents had fraudulently been entered in the said Khata even though they had no concern with the same. The respondents were sons of Tapeshwar and not Shiv Baran and were therefore, not entitled to be recorded over the land in question. Shiv Baran had died issue less and his widow re-married, Charittar from whom Tapeshwar was borne. The respondents who were not sons of Tapeshwar were not entitled to any share in the ancestral property recorded in the name of Shiv Baran.;