OMBIR Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Arjun Singhal, counsel for the petitioners and Sri Vishnu Kumar Singh, for respondent-3.

(2.) The writ petition has been filed against the orders of Settlement Officer Consolidation (respondent-2) dated 23.08.2004 and Deputy Director of Consolidation (respondent-1) dated 08.11.2013, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to the land recorded in various khatas of village Chhamaun, pargana Chathrawal, district Muzaffar Nagar. In basic consolidation year khata 37 was recorded in the names of Mamraj son of Heera, Ram Charan son of Chamela, Smt. Baleri widow of Ram Singh, khata 39 was recorded in the names of Mamraj son of Heera, Ram Charan son of Chamela, khata 40 was recorded in the names of Mamraj son of Heera, Ram Charan son of Chamela, Smt. Baleri widow of Ram Singh, Gyan Singh son of Bharat Singh, Rajbir, Raghubir and Sukhbir sons of Rishal, khata 109 was recorded in the name of Mamraj, khata 110 was recorded in the names of Mamraj son of Heera, Ram Charan son of Chamela and khata 119 was recorded in the names of Rajbir, Raghubir and Sukhbir sons of Rishal. Mamraj filed an objection under Section 9 of the Act, on 14.06.1974 for deleting the name of Smt. Baleri. It has been stated that after death of Ram Singh, Smt. Baleri remarried to Karam Singh of village Badgaon, district Karnal. Mamraj filed another objection on 28.12.1974, stating therein that Smt. Baleri filed a suit under Section 229-B/176 of U.P. Act No. 1 of 1951, which was dismissed by order dated 01.04.1966, holding that Smt. Baleri remarried after death of Ram Singh. That decree has become final and objection of Smt. Baleri was barred by res-judicata. Smt. Baleri filed an objection, on 10.06.1974 under Section 9 of the Act, claiming her 1/4 share in the land in dispute. Ishwarwati (respondent-3) filed an objection on 06.03.1975, claiming herself as the daughter and an heir of Ram Singh.