A.P.Sahi, J. - (1.) The present writ petition has been filed questioning the order dated 20.3.2009 passed by he respondent No. 1, Deputy Director of Consolidation, Bulandshahr whereby the revision filed by respondent No. 2 has been allowed and the concurrent orders of the Consolidation Officer and the Settlement Officer Consolidation dated 26.11.2007 and 6.8.2008 in favour of the petitioner have been set side.
(2.) The dispute between the petitioner and the respondent No. 2 is primarily of succession to the agricultural properties of one late Horam son of Bahadur. The petitioner Smt. Raghuviri Devi claims herself to be the sister of Horam who according to her, was issueless and, therefore, the property devolved on her. The respondent No. 2 contends that she is the daughter of late Horam, who had no sister by the name of the petitioner, and being the only daughter surviving, was rightly acknowledged as the person entitled to succeed to the properties of Horam.
(3.) The Consolidation Officer while entertaining the claim at the first instance had passed an order on 5.12.2003 which was set aside by the Settlement Officer Consolidation and the matter was remanded to the Consolidation Officer to decide, the matter in accordance with law. The Consolidation Officer framed three issues, as to who is the legal heir of Late Horam; as to whether any person by the name of Horam resided in Village Kapsai; and thirdly as to what relief can be granted to cither sides.;