W.P. No. 264 (Consol.) of 2014. Case: Daya Shanker Singh Vs Deputy Director of Consolidation. High Court of Allahabad (India)
| Case Number | W.P. No. 264 (Consol.) of 2014 |
| Counsel | For Appellant: Aslam and Rajeev Singh Chauhan, Advs. and For Respondents: C.S.C., S.K. Mehrotra, I.D. Shukla, Omkar Nath Tiwari, Omkar Pandey and Punkaj Gupta, Advs. |
| Judges | Ram Surat Ram (Maurya), J. |
| Issue | Constitution of India - Article 226; Indian Evidence Act, 1872 - Sections 68, 73; Indian Succession Act, 1925 - Section 63; Transfer of Property Act, 1882 - Section 3; Uttar Pradesh Land Revenue Act, 1901 - Sections 34, 5(2), 9 |
| Citation | 2015 (126) RD 115 |
| Judgement Date | September 18, 2014 |
| Court | High Court of Allahabad (India) |
Judgment:
Ram Surat Ram (Maurya), J.
-
Heard Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan, for the petitioner and Sri S.K. Mehrotra, for the contesting respondents. This writ petition has been filed against the orders of Settlement Officer Consolidation dated 21.12.2009 and Deputy Director of Consolidation dated 10.3.2011, passed in the title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). It may be mentioned that Daya Shankar claimed the land of Smt. Inderdei on the basis of Will dated 31.5.1976, allegedly executed by her, in his favour and his objection was allowed by Consolidation Officer. Smt. Mithilesh Singh and others also claimed the land of Smt. Inderdei but they lost from the Court of all consolidation authorities. Smt. Mithilesh Singh and others have filed Writ Petition No. 338 (Consolidation) of 2011, which is also pending. Kapildeo Singh and others also claimed the land of Smt. Inderdei and lost from the Court of all consolidation authorities. Kapildeo Singh and others have filed Writ Petition No. 357 (Consolidation) of 2013, which is also pending. However, in Writ Petition No. 364 (sic 264) (Consolidation) of 2011, there is serious dispute in respect of possession over the land in dispute as such Counsel for the petitioner insisted to decide this writ petition separately as his case is based upon separate Will. Other writ petitions are not ready for hearing and the Counsel appearing in those cases are not interested in final arguments as such this writ petition is heard separately and is being decided.
-
Dispute is in respect of the land recorded in basic consolidation year khata 3 of village Chetra, and khatas 13 and 168 of village Pandari, tehsil Bikapur, district Faizabad. As stated above, there were several objections but in this writ petition, dispute is between Daya Shankar (the petitioner), who claimed right on the basis of unregistered Will dated 31.5.1976, allegedly executed by Smt. Inderdei, recorded tenure holder and heirs of Ram Chet Singh (respondents-3 to 7) (hereinafter referred to as the respondents), who claimed right by way of inheritance under section 172, 174 and 175 of U.P. Act No. 1 of 1951. In basic consolidation year, khata 3 was recorded in the name of Smt. Inderdei, khata 13 was recorded in the name of Smt. Inderdei and Ram Chet Singh. Khata 168 (grove land) was recorded in the names of various persons including Smt. Inderdei and Uma Shankar, Rama Shankar and Daya Shankar sons of Ram Naresh. There is vague allegation that Smt. Inderdei was bhabhi of Ram Naresh Singh but the petitioner has neither set up any pedigree nor proved it nor claimed right under section 171 of U.P. Act No. 1 of 1951.
-
There is dispute in respect of date of death of Smt. Inderdei also. According to the petitioner, Inderdei died on 21.2.1977, while according to the respondents, Inderdei died before 20.9.1976. The consolidation authorities found that as Vijay Kumar filed an application for mutation of his name over the land in dispute on the basis of unregistered Will of Smt. Inderdei on 20.9.1976 before Naib Tahsildar under section 34 of U.P. Land Revenue Act, 1901 as such Smt. Inderdei died before 20.9.1976. There is also dispute in respect of date of Will. In paragraph-14 of the writ petition date of Will has been mentioned as 31.04.1976. In the Will date "4" has been manipulated and made as "5" as in April there is no date "31". But the witnesses have stated that Will was executed in May as such this Court proceeds on its basis.
-
The petitioner filed an application under section 34 of U.P. Land Revenue Act, 1901 for recording his name as an heir of Smt. Inderdei under her unregistered Will dated 31.5.1976. Naib Tahsildar by order dated 18.7.1979 directed for recording the name of the petitioner over the land in dispute. Sub-Divisional Officer by order dated 6.2.1981 allowed the appeal of Ram Chet Singh and set aside the order of Naib Tahsildar. Additional Commissioner by order dated 2.1.1986 dismissed the revision of the petitioner against the aforesaid order. However, Board of Revenue U.P. by order dated 31.1.1992 allowed the revision of the petitioner and remanded the matter to Sub-Divisional Officer, where the proceeding was abated under section 5(2) of the Act by order dated 19.8.1992. The petitioner was raising a plea that order of Naib Tahsildar dated 18.7.1979, so far as it was in respect of the land of khata 3 of village Chetra was not challenged by Ram Chet Singh and had become final and cannot be set aside in consolidation. But this plea of the petitioner was not accepted by High Court as the order passed in mutation proceeding is not relevant in title proceeding and Writ Petition No. 644 (Consolidation) of 2008 filed by the petitioner was dismissed by order dated 29.9.2008
-
When the villages were notified under section 9 of the Act, the petitioner filed two objections under section 9 of the Act on 10.12.1993 for recording his name as legatee of Smt. Inderdei under her unregistered Will dated 31.5.1976. Ram Chet Singh also filed time barred objections for recording his name as an heir of Smt. Inderdei. As stated above, several other objections were also filed but this writ petition is confined to the claim of the petitioner only. The cases were consolidated and tried by Consolidation Officer. The petitioner filed Will dated 31.5.1976, khataunis of the land in dispute for various years, order of Naib Tahsildar dated 18.7.1979 and Board of Revenue U.P. dated 31.1.1992 and examined Daya Shankar Singh, Ram Laut, Swami Nath and Sunder Lal as the witnesses. Ram Chet Singh filed CH Form 11, 23, 45 of previous consolidation, khatauni 1366 F-1368 F, papers from Bank of Baroda, showing that he and Smt. Inderdei jointly took loan, Pariwar Register, order of Sub-Divisional Officer dated 6.2.1981 and 19.8.1992 and examined Ram Chet Singh, Mahendra and Jimi Bahadur...
To continue reading
Request your trial