- (1.) Heard Sri C.S. Agnihotri, holding brief of Sri Ashok Gupta, for the petitioner and Sri Raghvendra Dwivedi, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 10.01.2008, Settlement Officer Consolidation dated 25.06.2015 and Deputy Director of Consolidation dated 05.08.2016, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) The dispute between the parties is in respect of inheritance of Chaks 283, 284 and 549, which were carved out in the name of Moti Lal. After the death of Moti Lal, Maiyadeen (now represented by respondents-4 to 10) filed an objection under Section 12 of the Act, for mutating his name as an heir of Moti Lal, under his unregistered will dated 28.09.1992. Assistant Consolidation Officer, by order dated 11.05.1994 directed for recording the name of Maiyadeen as an heir of Moti Lal. The petitioner filed an appeal from aforesaid order, which was allowed by order of Settlement Officer Consolidation, dated 25.07.1995 and the order of Assistant Consolidation Officer dated 11.05.1994 was set aside and the matter was remanded to Consolidation Officer for trial of dispute on merit. After remand, Consolidation Officer, by order dated 10.04.1997 directed for recording the name of the petitioner as an heir of Moti Lal under his unregistered will dated 23.09.1992. However this order was recalled on the application of Maiyadeen by order dated 18.06.2003.;