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ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Shiv Patta - Appellant
Versus
State of U.P. and Others - Respondent
Writ Petition No. - 10489 of 2013
Decided On : 09-12-2013
Mutation - Dispute over land inheritance - U.P. Consolidation of Holdings Act, 1953, Section 12 - Summary of Acts and Sections: U.P. Consolidation of Holdings Act, 1953, Section 12 - The court discussed the mutation application under Section 12 of the Act, the validity of the sale deed, and the jurisdiction of the Assistant Consolidation Officer. The court emphasized the importance of evidence, including the Pariwar Register, and the admissibility of statements and admissions in reaching its decision.
Fact of the Case:
The dispute involved a mutation application under Section 12 of the U.P. Consolidation of Holdings Act, 1953, regarding the inheritance of land. The court analyzed evidence related to the validity of a sale deed and the jurisdiction of the Assistant Consolidation Officer.
Finding of the Court:
The court found that the evidence, including the Pariwar Register and witness statements, supported the petitioner's claim as the heir of the deceased. The court also determined that the sale deed was invalid and emphasized the lack of jurisdiction of the Assistant Consolidation Officer.
Issues: The key issues included the validity of the mutation application, the authenticity of the sale deed, and the jurisdiction of the Assistant Consolidation Officer.
Ratio Decidendi: The court relied on the admissibility of evidence, including the Pariwar Register and witness statements, to establish the petitioner's inheritance rights. The court also emphasized the importance of jurisdiction and the validity of the sale deed in reaching its decision.
Final Decision: The court set aside the Deputy Director of Consolidation's order and reinstated the Consolidation Officer's order, allowing the petitioner's claim as the heir of the deceased.
Ram Surat Ram (Maurya),J.
Heard Sri Ravi Pratap, for the petitioner and Sri Rajeev Mishra, for the respondents.
2. The writ petition has been filed against the order of Deputy Director of Consolidation (respondent-2) dated 07.02.2013, passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
3. The dispute relates to Chak no. 67 (area 2-11-17 bigha) of village Belghat tappa Mor, pargana Basti Pashchim, district Basti, which was recorded in the name of Jag Mohan son of Algoo, during consolidation. Jag Mohan died on 10.07.1986. The petitioner filed an application (registered as Case No. 747) under Section 12 of the Act, for mutating her name, as an heir of Jag Mohan, being his sister as Jag Mohan died issue less. Promod Kumar filed another application (registered as Case No. 1220) under Section 12 of the Act, for mutating his name, as an heir of Jag Mohan. Pramod Kumar is now not contesting the matter. These cases were referred by Assistant Consolidation Officer, to Consolidation Officer for decision on merit.
4. In the meantime Babu Ram son of Kalpu Bhooj and Kanhi son of Balihari filed another application (registered as Case No. 93/772) dated 12.09.1986, for mutating their names, over the land in dispute, on the basis of sale deed dated 02.08.1986, allegedly executed by Jag Mohan in their favour before another Assistant Consolidation Officer, namely Sri Markandey Dubey, although he had no jurisdiction for the village Belghat. On the basis of a fabricated compromise, Sri Markandey Dubey, Assistant Consolidation Officer, by order dated 17.10.1986 directed for mutating the names of Babu Ram son of Kalpu Bhooj (4/5 share) and Kanhi son of Balihari (1/5 share), over the land in dispute.
5. On coming to know about the aforesaid order, Shiv Patta filed an appeal (registered as Appeal No. 795) from the aforesaid order. It appears that when Babu Ram received notice of the appeal, he also filed a time barred appeal (registered as Appeal No. 2123/1454) from the order dated 17.10.1986. In this appeal, he claimed himself as the son of Jag Mohan and stated that sale deed dated 02.08.1986, allegedly executed by Jag Mohan, was a fabricated document and was procured without prior permission of Settlement Officer Consolidation. Both the appeals were consolidated and heard by Settlement Officer Consolidation, who by order dated 22.12.1987 held that the mutation application dated 12.09.1986 and the Compromise filed in this mutation case contained signatures of Babu Ram. These signatures fully tally with the signature of Babu Ram on the memorandum of appeal. As such Babu Ram, himself filed the mutation application, on the basis of the alleged sale deed dated 02.08.1986, in which his parentage has been written as Kalpu Bhooj. Babu Ram could not prove that he was son of Jag Mohan. Babu Ram had knowledge of the order dated 17.10.1986 from very beginning as such there was no ground for condoning the delay in filing the appeal, by Babu Ram. Sri Markandey Dubey, Assistant Consolidation Officer, had no jurisdiction in respect of village Belghat. The compromise filed before him was a fabricated document. The alleged sale deed dated 02.08.1986 was obtained without prior permission of Settlement Officer Consolidation. Order of Assistant Consolidation Officer dated 17.10.1986 was without jurisdiction and illegal. On these findings the appeal of the petitioner was allowed and appeal of Babu Ram was dismissed. The order of Assistant Consolidation Officer dated 17.10.1986 was set aside and the matter was referred to Consolidation Officer for trial and fresh decision on merit. Babu Ram and Kanhi filed a revision against the order dated 22.12.1987, which was allowed by Deputy Director of Consolidation and the matter was remanded to Settlement Officer Consolidation for fresh decision in the appeal.
6. After remand, Settlement Officer Consolidation, again by order dated 08.04.1994, held that the mutati
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