Smt Sudama v. State Of U.P. And 6 Others

Neutral Citation No. - 2023:AHC:192102

Court No. - 48 Case :- WRIT - B No. - 116 of 2023

Petitioner :- Smt Sudama

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Dinesh Rai,Shiv Kumar Singh

Counsel for Respondent :- C.S.C.,Deepak Gaur,Sharad Kumar Purwar

Hon'ble Saurabh Shyam Shamshery,J.

This Court has passed the following order on 9.2.2023

"Grievance of the petitioner is that the Deputy Director of Consolidation has illegally reversed the order passed by the Settlement Officer of Consolidation and the Consolidation Officer without reversing their findings. It is submitted that dispute relates to the share belongs to Hukum Singh. Smt. Bhagwati (respondent no. 5) is claiming her right and title on the basis of unregistered will deed dated 14.01.1990. Smt. Sudama (petitioner) is claiming her right on the basis of unregistered will deed dated 09.06.1990. Likewise, Smt. Sadarani (predecessor in the interest of respondent no.6) has put forward her claim on the basis of unregistered will deed dated 23.08.1990. During pendency of the objection under Section 9-A(2) of U.P.C.H. Act, Sadarani has died. The Consolidation Officer vide orer ted 28.03.2016 has decided the matter on the basis of succession under Section 171 of U.P.Z.A. & L.R. Act discarding the will deeds dated 14.01.1990, 09.06.1990 and 23.08.1990, said to have been executed in favour of Smt. Bhagwati, Sudama and Sadarani respectively. The appeals filed on behalf of respondent no. 5 and 6 were dismissed by the Settlement Officer of Consolidation. The Deputy Director of Consolidation, on revision being filed on behalf of respondent no. 5, has illegally allowed the same acknowledging her will deed dated 14.01.1990 without appropriately considering the case of the petitioner on the basis of will deed dated

09.06.1990.

The matter requires consideration. Respondent nos. 1 to 4 are represented through learned Standing Counsel, respondent no. 5 is represented through her counsel and learned counsel for the Gaon Sabha (respondent no. 7) is also present.

Issue notice to respondent no. 6 fixing 07.04.2023 as the date. Steps will be taken within ten working days.

In the meantime parties shall exchange their respective affidavit. Till the next date of listing parties shall maintain status quo with respect to the nature and possession of the property in question. "

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The respondents are appeared through their advocate, however, none appears today in the Court, even no counter affidavit has been filed till date, therefore, it can be deemed that there is no serious objection to above referred order.

Learned counsel for petitioner appears and reiterates the above submissions and I find merit that Revisional Authority has committed an error that he failed to consider the effect of will deed dated 9.6.1990 and since no one has appeared on behalf of respondents, therefore, in the interest of justice, the impugned order dated 26.8.2022 is set aside and matter is remitted back to Deputy Director of Consolidation to consider it fresh and pass an order, in accordance with law. The aforesaid exercise shall be concluded within six months from today.

This writ petition is accordingly, disposed of.

Order Date :- 5.10.2023 P. Pandey

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