RAJIV JOSHI,J. - (1.) This writ petition has been filed for quashing the order dated 18.12.1981 passed by the Deputy Director of Consolidation, Gorakhpur, whereby the revision filed by the contesting respondent nos. 3 to 5 was allowed and the order dated 24.10.1977 passed by the Settlement Officer Consolidation was set aside.
(2.) The facts as reflect from the record are thus: A sale deed was executed on 10.3.1958 by Smt. Asharfa and Smt. Gangotra in favour of the petitioner with respect to their landed properties, a portion of which was situated at Azamgarh and the other portion at Gorakhpur. The sale deed was registered with Sub Registrar, Sagari, District Azamgarh. The present matter relates to the property situated at Gorakhpur. On the basis of the registered sale deed, the name of the petitioner was mutated in the revenue record.
(3.) During consolidation operation, due to some mistake, since name of the petitioner did appear in C.H. Form No. 5, therefore, he filed an objection under Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as Act) claiming 1/3rd share in the disputed land. The respondent nos. 3 to 5 contested the matter on the ground that major portion of the land situates at Gorakhpur and the sale deed has been executed fraudulently at Azamgarh showing some land in the name of vendor at Azamgarh, therefore, the sale deed is void and on the said basis, the petitioner's name cannot be entered in revenue records.;