DEVENDRA KUMAR UPADHYAYA - (1.) As per office report dated 09.01.2019, respondent nos.4 to 7 are sufficiently served, however, no one has put in appearance on their behalf. Heard learned counsel for the petitioners and perused the record available on this petition.
(2.) This petition challenges the validity of the orders passed by the Consolidation Officer, Settlement Officer, Consolidation, Deputy Director of Consolidation passed in the proceedings drawn which arose on institution of proceedings under Section 9-A (2) of U.P. Consolidation of Holdings Act whereby claim put forth by the petitioners in respect of gata no.575/1 and 575/2 of basic year khata no.353, situate in village Andaraipur, pargana Aldemau, Tehsil Kadipur, District Sultanpur has been rejected.
(3.) The facts of the case, which can be culled out from the pleadings available on record of the petition, are that the land in dispute was recorded in the basic year khatauni in the name of Ram Samujh, who is the predecessor-in-interest of the respondent nos.4 to 7. At the time of verification of khatauni and field-to-field partal the predecessor-in-interest of the petitioners, namely, Matapher was found to be in possession over the land in dispute, which fact has been recorded in CH Form-2A. On publication of notification under Section 9 of the Act, an objection was filed by the predecessor-in interest of the petitioners Matapher under Section 9-A (2) of U.P. Consolidation of Holdings Act that land in dispute belongs to him. The claim put forth by Matapher was based on a lease executed by erstwhile Zamindar. The lease was also filed before the Consolidation Officer and it was further claimed by Matapher that he had been in possession over the land in question for long i.e. for a period of about 25 years.;