GULATI, J. :- This is a petition under Article 226 of the Constitution arising out of proceedings under the U. P. Consolidation of Holdings Act (hereinafter, referred to as the Act).

2. One Smt. Dhanraj Kuar died leaving some grove and agricultural plots which she had inherited from her husband. She had acquired Bbumidhari rights in respect of the agricultural plots before her death. During the consolidation proceedings the Gaon Sabha, Jehwa moved an application before the Consolidation Officer claiming that as Smt. Dhanraj Kuar had died heirless her entire holding vested in the Gram Samaj. The original petitioners Bhagwan Singh and Lalloo Singh filed objection laying claim to the estate of the deceased widow on the basis of :-

(i) inheritance being her husband's brother's son's sons:

(ii) Will executed by Smt. Dhanraj Kuar on 12-10-1962 in favour of Bhagwan Singh :

(iii) Registered sale-deed dated 4-4-1963 executed by Smt. Dhanraj Kunwar in respect of her entire holding including groves in favour of the petitioners. The petitioners' objection was rejected and the claim of the Gaon Sabha was upheld. The appeal filed by the petitioners was dismissed by the Settlement Officer (C