RAM SURAT RAM ,J. - (1.) Heard Sri Awadhesh Narayan Srivastava for the petitioners and Sri Yogesh Mishra for the caveator.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 27.12.1995, 5.7.2016 and Deputy Director of Consolidation dated 20.8.2016 passed in the title proceeding under UP Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) The dispute between the parties was in respect of land recorded in basic consolidation year khata No. 244 and 245 of village Naipura Kalan, pargana Dehat Amanat, tehsil and distt. Varanasi. In basic consolidation records name of all the co-sharers were recorded. It is alleged that a joint objection was filed by the co-sharers disclosing their shares in various khatas and claiming for partition of their shares. The Assistant Consolidation Officer forwarded the objection by order dated 11.1.1994 to Consolidation Officer for decision on merit. The Consolidation Officer issued notices to the parties on 4.2.1992 for their appearance on 9.2.1992. Thereafter a written compromise was filed by the parties with signatures/thumb impressions of all the parties and signatures/thumb impressions were identified by their respective counsels on 23.6.1995. The compromise was filed before the Consolidation Officer on 23.6.1995 and it was verified by the Consolidation Officer on that very day and he decided the case in terms of compromise of the parties by his order dated 27.12.1995. In pursuance of the order of Consolidation Officer, separate chaks were carved out to the parties.;