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

2. The writ petition has been filed against the orders of Assistant Consolidation Officer dated 25.2.1969, Assistant Settlement Officer Consolidation dated 19.8.1974, Consolidation Officer, dated 2.11.1979, Assistant Settlement Officer Consolidation dated 22.12.1983 and Deputy Director of Consolidation dated 16.5.1987, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to the land recorded in khatas 176 and 343, of village Majhwar Khas, pargana Majhwar, district Varanasi. In basic consolidation year, the aforesaid khatas were recorded in the names of Ram Kumar son of Ram Baran, Shyam Baran son of Gaya and Smt. Dulari widow of Ram Garib. During partal, disputes relating to inheritance of Ram Kumar and Shyam Baran (who were dead), 1/3 share of all the three recorded tenure holders and discrepancy of area of some plots were noted in CH Form-4. After notification under Section 9 of the Act, the parties appeared before Assistant Consolidation Officer and entered into compromise. On the basis of conciliation, Assistant Consolidation Officer, by separate orders dated 25.2.1969, relating to two villages, recorded the names of Dukhoo (the petitioner), Sadho and Shiv Shankar (respondents-10 and 11) as the heirs of Shyam Baran, Subedar and Adya (respondents-12 and 13) as the heirs Ram Kumar, corrected area of the plots and held shares of Ram Kumar, Shyam Baran and Smt. Dulari as 1/3 each. No appeal was filed within time from the order dated 25.2.1969. A separate chak (i.e. chak No. 80) was carved out, in the name of Smt. Dulari of her 1/3 share of the land of village Majhwar Khas. It may be mentioned that the parties also jointly owned land at village Shakalpura, pargana Majhwar, district Varanasi, where also share of Smt. Dulari was admitted as 1/3 and a separate chak in her name of 1/3 share was carved out. Right of Smt. Dulari in village Shakalpura was not challenged by any one. Village Shakalpura was notified under Section 52 of the Act, on 5.6.1973. Smt. Dulari sold the land of village Shakalpura to one Babban Yadav. His name was mutated on the basis of sale-deed and was not challenged by any one.

4. Smt. Dulari executed a registered agreement to sell deed dated 17.4.1973 of the disputed land in favour of Rambodh, Dashmi, Gopal and Sheorati (now represented by respondents 4 to 9) (hereinafter referred to as the respondents). Thereafter Smt. Dulari executed a sale-deed dated 22.8.1973 of the disputed land in favour of the respondents. At this stage, after delay of more than four years, the petitioner filed a time barred objection under Section 9 of the Act, on 12.8.1973, challenging the right of Smt. Dulari in the land in dispute, which was dismissed by Consolidation Officer, by order dated 6.12.1973 and no appeal or revision was filed against this order, which has become final. The petitioner also filed two time barred appeals, on 23.10.1973, alongwith delay condonation application, from the orders of Assistant Consolidation Officer, dated 25.2.1969. It may be mentioned that respondents-10 to 13, the other co-sharers of the petitioner, did not join as the appellants in the appeals filed by the petitioner. The appeals were consolidated and heard by Assistant Settlement Officer Consolidation, who by order dated 19.8.1974, held that a separate chak in the name of Smt. Dulari was carved out, on the basis of order of Assistant Consolidation Officer and delivery of possession over the confirmed chaks in the village had taken place on 30.3.1971 as such allegation that the petitioner had no knowledge of the order dated 25.2.1969 was not liable to be believed. On these findings, delay condonation applications were rejected and the appeals were dismissed as time barred, by order dated 19.8.