RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri V.K. Singh, for the petitioners, Sri Dinesh Pathak, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 30.12.1982, Assistant Settlement Officer Consolidation dated 07.07.1983 and Deputy Director of Consolidation dated 06.12.1983, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) The dispute between the parties is in respect of land recorded in basic consolidation year khata 372 (consisting plot 69 (area 0-5-2 bigha) of village Dulha Sumali, pargana Vinayakpur, district Basti, which was recorded in the names of Ram Chandra, Ram Jiyawan and Kashi (now represented by the petitioners). Bhagauti (respondent-4) filed an objection under Section 9 of the Act, claiming that the disputed land was acquired by joint family of Patandeen, Har Narian, Jag Narain, Saran and Baran. Partition between the parties took place on 06.07.1950, in which disputed land fell in the share of Saran. Thereafter Saran planted trees over it and he is in exclusive possession of it. Inadvertently name of Saran could be mutated over disputed land in revenue records. After death of Saran, it was inherited by Bhagauti.;