MANOJ MISRA,J. - (1.) Heard learned counsel for the petitioners; learned Standing Counsel for the respondents 1, 2 and 3; and perused the record.
(2.) Briefly stated the facts giving rise to this petition are as follows: During the course of consolidation proceedings, the fifth respondent set up an objection before the consolidation authority that vide sale deed dated 26.05.1973 he had purchased the share of recorded tenure-holder, accordingly his name be recorded. The claim was initially accepted on basis of compromise but thereafter a challenge was laid to the sale deed before the appellate authority and the matter was remanded. Upon remand the claim was resisted on the ground that sale deed was got executed by playing fraud/misrepresentation.
(3.) The Consolidation Officer accepted the claim of fifth respondent and held that as the sale deed was not annulled by any decree of civil court and purchase of stamp paper, etc. at the request of vendor was admitted and signatures thereon were not denied, the sale deed cannot be discarded by Consolidation Court, which has no power to cancel/annul a document. Accordingly vide order dated 11.07.2016 entry in the Khata was directed as per the sale.;