AHMAD BUX AND OTHERS Vs. SMT. NATHOO W/O ASHIQ ALI AND OTHERS

JUDGEMENT

(1.) JUDGEMENT This is a petition under Article 226 of the Constitution praying for a writ of certiorari for quashing an order dated the 28th of July, 1966, copy contained in annexure 6, passed by the Deputy Director of Consolidation, Hardoi on an application in revision under section 48 of the U. P. Consolidation of Holdings Act.

(2.) THE dispute relates to number of plots of which one Mangali was the sirdar. He died on the 31st of January, 1962 and after him there were rival claims with respect of them between petitioners nos. 1 to 3 and Mohammad Bux, their brother, father of petitioner no. 4 and husband of petitioner no. 5 on the one hand and Smt. Nathoo, opposite party no. 1, on the other. While petitioners nos. 1 to 3 and Mohammad Bux claimed themselves to be the sisters son of Mangali, Opposite party no. 1 claimed herself to be his daughter. As to opposite party no. 1, the case of the petitioners was that she was not a legitimate daughter of the deceased Mangali.

(3.) PROCEEDINGS for mutation relating to the plots in dispute after the death of Mangali started in the Court of the Tahsildar who decided against opposite party no. 1. There was an application in revision before the Additional Collector and that was dismissed. Opposite party no. 1 then went up in revision before the Additional Commissioner but in view of notification being issued relating to the village under section 4 of the U. P. Consolidation of Holdings Act, those proceedings were stayed.