Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri Vijay Kumar Rai, for the petitioners and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Yogesh Kumar Singh, for the contesting respondents.

2. The writ petition has been filed against the orders of Consolidation Officer dated 25.4.1986, Settlement Officer Consolidation dated 17.7.1989 and Assistant Director of Consolidation dated 8.3.1990, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter after referred to as the Act).

3. The dispute relates to land of basic consolidation year khata 88 [consisting plots 45 (area 9-3-0 bigha), 69 (area 3-1-0 bigha), 278 (area 1-14-0 bigha), 307 (area 3-04-0 bigha), 315 (area 2-16-0 bigha) and 422 (area 22-2-0 bigha)], which was recorded in the name of Ram Ratan son of Man Singh and khata 93 [consisting plots 96 (area 8-13-0 bigha) and 103/1 (area 3-2-0 bigha), which was recorded in the names of Ram Ratan son of Man Singh and Desh Raj son of Ram Chandra, of village Jhatta, pargana Dankaur, district Buland Shahar. Ram Ratan executed three sale-deeds dated 4.9.1982, by which he transferred entire land of khata 88 and his 1/2 share of khata 99, in favour of the petitioners.

4. Village Jhatta, pargana Dankaur, district Buland Shahar was placed under consolidation operation by Notification No. 2426/G-33-81, dated May 26, 1982 published in U.P. Gazette Part 1-Ka, dated 10th July, 1982 and notification in the Unit took place on 24.9.1982, according to the provisions of Section 4 (2) (b) of the Act. The village was notified under Section 9 of the Act, in October, 1985. In CH Form 5, relating to khatas in dispute, the possession of the petitioners were noted and name of Smt. Angoori (respondent-4) was noted as an heir of Ram Ratan. The petitioners filed their objections under Section 9 of the Act, for recording their names over the land in dispute, on the basis of the sale-deeds dated 4.9.1982, executed by Ram Ratan in their favour. Smt. Angoori contested the objections on the ground that sale-deeds were obtained without prior permission of Settlement Officer Consolidation and are void documents. The sale-deeds were procured by committing fraud without payment of consideration. The sale-deeds were cancelled by the decree of Civil Court dated 24.5.1983, passed in Civil Suit No. 296 of 1982. She claimed to be daughter of Ram Ratan and his only heir.

5. The objections of the petitioners were registered as Case No. 376 to 379 and consolidated and tried together. Apart from documentary evidence, the petitioners examined Ratan Lal and Smt. Premwati alias Ramwati, the marginal witnesses of the sale-deeds and the respondent examined Prem Singh, Deshraj and Bhagwat Singh. The Consolidation Officer, by his order dated 25.4.1986 held that the name of Smt. Angoori was mutated as an heir of Ram Ratan by the order of Assistant Consolidation Officer dated 5.11.1985. Although due execution of the sale-deeds dated 4.9.1982 by Ram Ratan in favour of the petitioners has been proved but as the sale-deeds have already been cancelled by decree of Civil Court dated 24.5.1983 as such it cannot be given effect to in consolidation records. The requisite permission of Settlement Officer Consolidation was not obtained under Section 5 (1) (c) of the Act as such the sale-deeds are void. On these findings objections of the petitioners were dismissed by order dated 25.4.1986.

6. The petitioners filed appeals (registered as Appeal Nos. 1079, 1080, 1081 and 1082) from the aforesaid order. In the meantime ex parte decree dated 24.5.1983 was set aside and O.S. No. 196 of 1982 was abated under Section 5 (2) of the Act. The appeals were consolidated and heard by Settlement Officer Consolidation, who by order dated 17.7.1989 held that as notification under Section 4 (2) was published in Government Gazette on 10.7.1982 and the sale-deeds were executed on 4.9.1982 without prior permission of Settlement Officer Consolidation as such the sale-deeds are