- (1.) Heard Shri Mukesh Chandra Gupta, learned counsel for the petitioner and Shri Rati Bhan Singh, Advocate, representing the contesting respondent Nos. 5 to 7.
(2.) The counsel for the respondents states that the present writ petition be decided on the basis of the facts stated in the writ petition and the documents annexed with the same and no counter affidavit is required. In view of the aforesaid, the Court has proceeded to decide the writ petition on merits without calling for a counter affidavit.
(3.) The facts of the case are that one Lajja Ram was the original tenure holder of the disputed plot. The respondents claimed that before his death, Lajja Ram had executed a sale-deed dated 28.6.1985 transferring the disputed plot to the respondents. The petitioner deny the said sale-deed and claim that Smt. Somoti, widow of Lajja Ram, had executed a Will dated 20.6.1994 bequeathing the disputed plot in his favour. During the consolidation operation in the village, case under Section 12 of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') was registered before the Consolidation Officer, Agra, i.e., respondent No. 3 (hereinafter referred to as, 'C.O.'), which was decided by the C.O. in favour of the petitioner by order dated 11.7.1993. The respondents filed Appeal No. 237 under Section 11(1) of the Act, 1953 before the Settlement Officer of Consolidation, Agra, i.e., respondent No. 2 (hereinafter referred to as, 'S.O.C.'). The S.O.C. vide his order dated 29.5.2015 condoned the delay in filing the said appeal and allowed the appeal and also remanded back the matter to the C.O. to pass fresh orders in accordance with law after giving an opportunity of hearing and opportunity to file evidence to the parties. Subsequently, the C.O. vide his order dated 9.4.2018 rejected the claim of the petitioner and held the respondents to be the tenure holder of the disputed plot by virtue of sale-deed dated 28.6.1985 and consequently by order dated 23.5.2018 passed under Rule 109-A of the Uttar Pradesh Consolidation of Holdings Rules, 1954 (hereinafter referred to as, 'Rules, 1954') directed that the name of the respondents be recorded as tenure holder of the disputed plot in the consolidation records.;