- (1.) Heard Sri Ajay Kumar Tiwari, for the petitioners/review applicants.
(2.) The writ petition was filed against the orders of Consolidation Officer dated 11.07.1995, Settlement Officer Consolidation dated 11.03.1997 and Deputy Director of Consolidation dated 24.06.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute related to plot 54 (area 2.017 hectare) of village Molnapur, tahsil Mohammadabad Gohna, district Mau, which was recorded in basic consolidation year khata 85, in the names of Mangar son of Dasai and Paltu son of Dhanpal. Mangar filed an objection under Section 9 of the Act, for deleting the name of Paltu from the land in dispute. He has stated that land in dispute was self acquired property of Dasai and Paltu has no share in it. By making forgery in previous consolidation record, Paltu got his name recorded along with Mangar as co-tenant, without any order of competent authority. Paltu contested the case and stated that it was ancestral property coming from the time of common ancestor Jattan. After death of Jattan, it was jointly inherited by his two sons Dasai and Dhanpal. However, name of Dasai came to be recorded alone due to mistake of revenue authority. In previous consolidation held in 1962, his objection was allowed by Assistant Consolidation Officer, which was duly incorporated in basic year khatauni 1366 F-1368 F. CH Form-11, 23 and 45 were prepared on its basis. Same entry is continuing without any objection of Dasai.;