Ram Surat Ram (Maurya), J. - (1.) Heard Sri. Ganesh Datt Mishra, for the petitioner, Sri. Raj Kishore Yadav, for respondent-3 and Sri. Rajesh Yadav, for respondent-4.
(2.) The writ petition has been filed against orders of Settlement Officer Consolidation dated 21.11.2015 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 115, 116 and 139 of village Jajner Ahatmal, pargana Harauda, district Saharanpur. Chak 116 was carved exclusively in the name of Masoom Ali son of Sultan and chaks 115 and 139 were carved out in name of Masoom Ali son of Sultan along with his other co-sharers, during consolidation. Masoom Ali died on 26.09.1995. The petitioner filed an objection (registered as Case No. 87), under Section 12 of the Act, for mutating his name over disputed land, which was allowed by order of Consolidation Officer dated 06.02.1996. Smt. Batool Begum (respondent-3) filed another objection (registered as Case No. 88) under Section 12 of the Act, for recording her names as an heir of Masoom Ali, under his registered will dated 13.09.1985. On coming to know about the order dated 06.02.1996, she filed an appeal against this order, on 03.10.1997 along with delay condonation application, which was dismissed by order of Settlement Officer Consolidation, dated 21.12.1998. She challenged the aforesaid orders in revision, which was allowed by order of Deputy Director of Consolidation, dated 18.06.2003 and orders dated 06.02.1996 and 21.12.1998 were set aside and the matter was remanded to Consolidation Officer for deciding the dispute on merit after giving opportunity of evidence and hearing to the parties.;