Sudhir Agarwal, J. - (1.) This writ petition under Article 226 of Constitution of India has been filed challenging order dated 27.08.1976 passed by Deputy Director of Consolidation (hereinafter to be referred as 'DDC').
(2.) Dispute relates to Gata No. 27-A plot no. 92/1 area 1 acre, Gata No. 27-B plot no. 92/3 area 0.7 acre and Gata No. 58 plot no. 47/7 area 0.85 acre, respectively, at village Naurangabad, Pargana Kanhaiya Mathu, District Jaunpur.
(3.) Gata No. 27-A and 27-B were recorded in basic year in the name of Har Govind (now deceased, substituted by his legal heirs respondents no. 2 to 4) and Gata No. 58 was recorded in basic year in the name of Rudra Pratap Shukla, petitioner (now deceased, substituted by his legal heirs). During consolidation proceedings in village Naurangabad, petitioner Rudra Pratap Shukla filed objection under Section 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter to be referred as 'Act, 1953') claiming co-tenancy right in Gata NO. 27-A. He stated that property was ancestral tenancy and petitioner had 1/3rd share while Har Govind also had 1/3rd share and Bal Govind, respondent no. 7, had remaining 1/3rd share. Objection further in respect of Gata No. 27-B was raised that it was wrongly recorded in the name of Har Govind. It was part of Abadi and not exclusive bhumidhar of Har Govind. Separate objection was filed by Har Govind claiming tenancy right in Gata No. 58 on the ground of a compromise dated 21.12.1968 arrived between parties in a civil suit.;