S.N.SRIVASTAVA, J. - (1.) THIS writ petition is directed against the order dated 25-6-2005, passed by the Deputy Director of Consolidation, Banda by which a revision preferred by Opp. Party No. 3 was allowed declaring her Bhumidhar of Plot Nos. 333 and 369 of Khata No. 195 to the extent of one half share.
(2.) HEARD learned Counsel for petitioners and learned Counsel for Opp. Party No. 3. Learned Counsel for petitioners urged that Opp. Party No. 3 was not the widow of Holla, Son of Babauna and she did not inherit property of Holla. He further urged that petitioners purchased land in dispute through a sale-deed dated 14-7-1972 from Jauhariya, who was recorded in the revenue record. It was further urged that sale-deed was executed by Jauhariya in 1972 and Opp. Party No. 3 has not claimed any right in the land in dispute at that time. He also urged that the order passed against Jauhariya by consolidation authorities which was affirmed by the judgment of this Court dated 9-4-1987 rendered in Writ Petition No. 19055 of 1985 between Jauhariya and Opp. Party No. 3-Shiv Kumariya will not affect petitioners' right as they purchased the land in dispute before said judgment and their names were recorded in the Basic Year.
(3.) IN reply to the same, learned Counsel for Opp. Party No. 3 urged that the orders of consolidation authorities affirmed by the judgment of this Court in Writ Petition No. 19055 of 1985 between transferor of petitioners, i.e., Jauhariya and Shiv Kumariya will be binding on the petitioners inasmuch as Shiv Kumariya was widow of Holla, Son of Babauna and the property belongs to Babauna, who had two sons Jauhariya and Holla. He further urged that the theory of remarriage of Shiv Kumariya set up by Jauhariya-transferor of petitioners was already disbelieved by the High Court in Writ Petition No. 19055 of 1985. It was also urged that the judgment of this Court is binding upon the petitioners who have also setup a theory of remarriage before consolidation authorities. Lastly, he urged that the order impugned in this writ petition was rightly passed by the Deputy Director of Consolidation in accordance with law.;