Janardan Sahai, J. - (1.) In the basic year Bashishtha Muni was recorded as a tenure-holder. An application under section 12 of the U.P. Consolidation of Holdings Act was filed by the petitioner Shiv Pujan claiming that Bashishtha Muni was his father's brother and that Bashishtha Muni died issueless and thereafter the petitioner has succeeded to the disputed land. An order for mutation in favour of the petitioner was passed by the Assistant Consolidation Officer on 25.2.1977 treating it as an uncontested case. After several years a revision was filed by one person claiming to be Bashishtha Muni, respondent No. 2 alleging that the order of the Assistant Consolidation Officer was obtained by the petitioner by fraud. In support of his case the respondent No. 2 filed certain papers, which have been referred to in the order of the Deputy Director of Consolidation impugned in this writ petition. The papers filed were Sewa Praman Patra (certificate of service) and Bhoot Purva Sainik Praman patra (Ex-serviceman certificate). On the basis of these papers and on the basis that he himself was present before the Deputy Director of Consolidation, the Deputy Director of Consolidation has allowed the revision of respondent No. 2 with the finding that the petitioner had committed fraud and Bashishtha Muni was in army service and is still alive. Aggrieved by the order of the Deputy Director of Consolidation, the petitioner has filed this writ petition.
(2.) I have heard Sri R.S. Maurya Counsel for the petitioner and Sri Ravindra Nath Rai Counsel for respondent No. 2.
(3.) The respondent No. 2 has filed a copy of certificate of service contained in Annexure-CA-6 to the counter-affidavit. This certificate relates to Bashishtha Prasad son of Chattar Pal. A copy of the photo identity card issued by the Election Commission of India has also been filed in which Bashitha Prasad is shown as son of Chattar Pal. On the basis of these papers it is contended by the Counsel for the petitioner that respondent No. 2 was not Bashishtha Muni and in fact he is Bashishtha Prasad, son of Chattar Pal. On the other hand it is contended by Counsel for respondent No. 2 that the Deputy Director of Consolidation has recorded a finding that Bashishtha Muni is still alive. It is also submitted that the order passed by the Assistant Consolidation Officer is an ex parte one without opportunity to lead oral evidence.;