Prakash Krishna, J. - (1.) These two writ petitions were heard together and are being disposed of by a common judgment as the facts are interwoven and mingled and related to each other, as suggested by the learned Counsel for the parties.
(2.) One Muneshwar had two daughters namely Gayatri and Durgawati. The petitioner, Smt. Durgawati is one of the daughters of Shri Muneshwar. Shri Muneshwar who died on 25th of December, 1991 during his life time had executed a sale deed in favour of above named daughters, who applied for mutation of their names on the basis of the sale deed before Tehsildar Mohammadabad which was allowed by the order dated 22nd May of 1992. Their names were mutated in the Khatauni. One Naresh, respondent No. 4, filed a restoration application before the Tehsildar on the basis of two alleged sale deeds in his favour being dated 7th of January, 1987 and 2nd Nov., 1987 purporting to be executed by Shri Muneshwar in his favour. The restoration application was dismissed by the Tehsildar by the order dated 18th of January, 1996 who has also recorded a finding that after the death of Muneshwar his two daughters Gayatri and Durgawati are in physical possession of the land in question. This order was challenged before the S.D.M. who by the order dated 8th June, 1998 declared abated all the proceedings before the Tehsildar in view of the fact that the village has come under consolidation operation in view of the notification of October, 24, 1991 issued under Section 4 of U.P. Consolidation of land Holdings Act (hereinafter called as CH Act). This order has been confirmed in revision No. 147/177/M of 1998 by the Additional Commissioner, Azamgarh Division Azamgarh by the order dated 29.6, 999. Challenging these orders writ petition No. 34674 of 1999 has been filed.
(3.) Ram Naresh who is respondent No. 6 in the connected writ petition No. 30601 of 2002 moved an application before the Consolidation Officer for directing the Assistant Consolidation officer to comply with the order dated 8th June, 1998 passed by UP ziladhikari Mohammadabad Gohna by which the mutation proceedings before the Tehsildar were declared abated. The Consolidation Officer issued necessary direction to the Assistant Consolidation Officer to comply with the order dated 8.6.1998, by the order dated 15th June, 1998 filed as annexure -3 to the writ petition No. 30601 of 2002. The said order was unsuccessfully challenged by the petitioner in appeal No. 1428 of 1998 before the Settlement Officer Consolidation. The petitioner was unsuccessful in revision also filed before the Deputy Director of Consolidation. Challenging the orders of these authorities writ petition No. 30601 of 2002 has been filed.;