OMVIR SINGH Vs. SAROJ DEVI

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner and Sri S.K. Upadhyay, learned counsel appearing on behalf of respondent nos. 1 to 5.

(2.) This writ petition has been filed for quashing the order dated 27.2.2015 and 27.7.2018 passed by the Settlement Officer Consolidation and Deputy Director Consolidation respectively.

(3.) It reflects from the record that the land was recorded in the name of Smt. Mahadai, who executed the registered Will in favour of petitioner on 19.2.2001. On the basis of said Will deed, name of petitioner was mutated in the revenue record vide order dated 11.12.2001. Subsequently, an application was filed from the side of the respondent no.1 to 3 for recalling the said order. Ultimately, the application was dismissed in default. In the meantime, the villager was notified under consolidation operation and therefore, the petitioner filed the objection under Sec. 9A (2) of the U.P.C.H. Act, 1953 for the division of share. The said application filed by the petitioner was allowed by the Consolidation Officer vide order dated 13.3.2008, whereby the share was determined between the petitioner and the other co-sharers. Against that order, appeal was filed, which was allowed by the Settlement Officer Consolidation vide order dated 27.2.2015 and the matter was remanded back to the Consolidation Officer for deciding the matter afresh after giving opportunity to all the co-sharers. The order passed by the Settlement Officer Consolidation was affirmed in revision filed by the petitioner, which was dismissed vide order dated 27.7.2018. The order passed by the Settlement Officer Consolidation as well as Deputy Director Consolidation are impugned in the writ petition.