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Nasruddin & Another v. Dy. Director Of Consolidation, Mau & Others - WRIT - B No. 48883 of 2006  RD-AH 15486 (6 September 2006)
Civil Misc. Writ Petition No. 48883 of 2006
Nasruddin & Another...............Petitioners
Deputy Director of Consolidation , Mau & Others........Respondents
Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners and Sri Gyanendra Prakash Srivastava appearing for the contesting respondent no.3.
The facts giving rise to the present dispute are as under;
The land in dispute was recorded in the name of Quresha Khatoon. An application was filed by the petitioners under Section 12 of the U.P. Consolidation of Holdings Act (for short the ''Act') claiming that she is dead and their names be recorded over the land in dispute. Proclamation was issued and since no objections were filed and the proceedings were uncontested, the Assistant Consolidation Officer vide order dated 15.12.1994 allowed the said application and directed the names of the petitioners to be recorded in place of Quresha Khatoon. Subsequently an appeal against the said order was filed in the year 2005 by respondent no. 3 alleging therein that she was very much alive and the names of the petitioners were wrongly and illegally recorded by the Assistant Consolidation Officer treating her to be dead. Before the Settlement Officer Consolidation the respondent no. 3 produced a copy of ''parivar' register in which she was shown as wife of Ishtiyaque Ahmad. The Settlement Officer Consolidation also found that the alleged compromise before the Assistant Consolidation Officer on the basis of which the order dated 15.12.1994 was passed has been verified by Mohd. Rashid Khan, Pradhan of village Basaratpur whereas the property in dispute is situated in village Galibpur. He also found that in the compromise the respondent no. 2 has been shown as resident of Mahatabpur in stead of Galibpur. On the basis of said facts and evidence, the Settlement Officer Consolidation condoned the delay in filing the appeal and set aside the order passed by the Assistant Consolidation Officer. The same finding has been confirmed by the revisional court.
Both the facts finding courts have concurrently found that Quresha Khatoon/ respondent no. 3 was alive and mutation of their names has wrongly obtained by the petitioners showing her to be dead. Various irregularities in the compromise recorded by the Settlement Officer Consolidation also go to show that the order dated 15.12.1994 was surreptitiously obtained by the petitioners and the same has rightly been set aside.
In view of the aforesaid facts, no interference is called for in the impugned judgments. The writ petition accordingly fails, and is dismissed.
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