- (1.) Heard Sri Sharad Chandra Upadhyay, for the petitioner and Sri A.P. Tiwari and Sri Rang Nath Pandey, for the contesting respondents.
(2.) This writ petition has been filed against the orders of Settlement Officer Consolidation dated 10.03.2005 and Deputy Director of Consolidation dated 14.11.2013, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Devta Prasad Mishra (respondent-3) filed a time barred objection on 07.02.1995 (which was later on registered as Case No. 305 of 2002-03) under Section 9-A of the Act, for recording his name over plot 221 (area 0.57 acre), situated at village Dafi, pargana Dehat Amanat, district Varanasi. He took plea that Hari Nath Singh (father of the petitioner) sold the disputed land to his father Guru Prasad Mishra, through registered sale deed dated 13.08.1959 and handed over possession over it to him. Since then, he had been in possession of the land in dispute. His father died about one and half month ago. On 07.02.1995, when he went to Court and made inquiry from Lekhpal, then he came to know that name of his father was not mutated in revenue records over disputed land. He searched original sale deed dated 13.08.1959 at his house but it was not found. He had moved an application for issue of certified copy of the sale deed.;