Krishna Murari, J. - (1.) By means of this petition, the petitioners have challenged the orders dated 18.7.2001 and 30.9.2002 passed by Settlement Officer Consolidation and Deputy Director of Consolidation respectively.
(2.) Dispute relates to Khata No. 122 situate in village Ghanghaura Piparai, Pargana, Tehsil and District Bareilly. In the basic year, the said khata was recorded in the name of Parsadi, the predecessor-in-interest of petitioners. During consolidation operation, an objection under section 9-A (2) of U.P. Consolidation of Holdings Act (for short the Act') was filed by contesting respondents No. 3 and 4 claiming that the name of Parsadi is wrongly recorded over the khata in dispute and the same belonged to their father Jawala Prasad and after his death they are entitled to be recorded on the basis of inheritance.
(3.) The case set up by the contesting respondents No. 3 and 4 was that Parsadi was not the brother of Jawala Prasad (their father) but he was son of Ram Gulam resident of village Himmatpur and he fraudulently got his name recorded over the khata in dispute. The case set up on behalf of the petitioners was that the name of Parsadi was recorded along with Jawala Prasad who never raised any objection with regard to same during his life time. After death of Jawala Prasad vide order dated 26.12.1973, the name of Parsadi came to be recorded as heir of Jawala Prasad and since then he is continuously recorded and in possession over the khata in dispute. Consolidation Officer vide order dated 23.3.1999 rejected the objection filed by the contesting respondents No. 3 and 4, against which they preferred an appeal. The Appellate Court vide order dated 18.7.2002 allowed the appeal and directed khata in dispute to be recorded in the name of contesting respondents No. 3 and 4. Aggrieved, the petitioners went up in revision. The Revisional Court vide impugned order dated 30.9.2002 dismissed the revision, against which the present writ petition has been preferred.;