JUDGEMENT
RAM SURAT RAM MAURYA, J. -
(1.)HEARD Sri Ajay Kumar Srivastav, for the petitioner, and Sri Dinesh Kumar Singh, for respondent -8.
(2.)THE writ petition has been filed against the orders of Consolidation Officer dated 25.04.2013, Settlement Officer Consolidation dated 23.08.2014 and Deputy Director of Consolidation dated 04.12.2014, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.)THE dispute relates to land of basic consolidation year khatas 154 [consisting plots 526/4 (area 0.210 hectare) and 526/5 (area 0.579 hectare)] and 222 [consisting plot 526/3 (area 0.300 hectare)] of village Pisour, pargana Shivpur, tahsil and district Varanasi. In basic consolidation records, khata 154 was recorded in the names of Bechan, Tribhuwan and Atma sons of Ram Nath, Jittu son of Manika, Krishna Gopal adopted son of Lalta, Pullu and Nanhe sons of Ramnarain. Khata 222 was recorded in the names of Ram Nath and Lalta sons of Manika. Bechan, Tribhuwan, Brij Bhushan and Atma sons of Ram Nath filed an objection for deleting the names of Jittu son of Manika, Krishna Gopal adopted son of Lalta, Pullu and Nanhe sons of Ramnarain from the land of khata 154 and declaring their share 1/4 each. It has been stated by them that the land in dispute was self acquired property of Ram Nath and after death of Ram Nath it was inherited by his four sons. Names of other persons were recorded by making forgery in revenue records and liable to be deleted. Bechan, Tribhuwan, Brij Bhushan and Atma sons of Ram Nath filed other objection for deleting the name of Lalta from khata 222 and recording their names and their shares 1/4 each. One dispute was also noted in respect of area of the plots of khata 154.
The petitioner filed counter objections in both khatas and contested the matter. It has been stated by the petitioner that land in dispute was acquired by Manika and after his death it was jointly inherited by his three sons namely Lalta, Ram Nath and Jittu. Lalta died issueless and was inherited by his widow Smt. Bhagwanti. Smt. Bhagwanti adopted him according to Hindu rites and subsequently executed a registered adoption deed dated 14.02.1985. Smt. Bhagwanti died on 20.08.1986 and after her death, his name was mutated by order of Additional Tahsildar dated 05.11.1986. The petitioner has 1/3 share while four sons of Ram Nath jointly have 1/3 share and remaining 1/3 share belonged to Jittu. In spite of notice none of the person contested the matter.
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