BANSI KANHAI Vs. DEPUTY DIRECTOR OF CONSOLIDATION, U. P. LUCKNOW, AND OTHERS

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution. The petitioner preferred an objection under S. 9 of the U. P. Consolidation of Holdings Act for getting the name of Srimati Dulara expunged from the disputed Khata. The objection was dismissed. He preferred an appeal which was dismissed by the Settlement Officer Consolidation. He then went in revision before the Deputy Director. During the pendency of the revision Srimati Dulara died leaving two daughters opposite parties 4 and 5 as her sole heirs. He then applied for bringing opposite party No. 4 on record in place of Srimati Dulara. A dispute was raised to the effect that not only opposite party No. 4 but also opposite party No. 5 was an heir of Srimati Dulara. The matter was referred to the Consolidation Officer for enquiry by the Deputy Director. The Consolidation Officer reported that both opposite parties 4 and 5 being daughters of Srimati Dulara were her heirs. It appears that the petitioner himself admitted before the Consolidation Officer that in fact both of them were daughters of Srimati Dulara. When the matter came up before the Deputy Director the petitioner wanted opposite party No. 5 also to be impleaded as an opposite party in the revision. The Deputy Director rejected the application on the ground that it had been very much belated and held that the revision stood abated. It is in these circumstances that the present petition is filed with the prayer that the aforesaid order of the Deputy Director dated 30th November, 1965 be quashed.

(2.) THE petition is opposed by opposite parties 4 and 5. The facts mentioned above are not in controversy.

(3.) IN the end the petition is allowed with costs and the impugned order dated 30th November, 1965 passed by the Deputy Director is quashed with the direction that he shall proceed to dispose of the revision on merits after allowing the petitioners application for bringing on record both the daughters of Srimati Dulara in place of the deceased respondent Srimati Dulara. Petition allowed.