The central legal point established in the judgment is that sale deeds executed without prior permission from the Settlement Officer Consolidation are void and cannot pass a valid title, as per the U.P. Consolidation of Holdings Act.

Anjani Kumar Mishra, J.

1. Heard Shri Pradeep Kumar Rai, learned Counsel for the petitioner and Shri M.D. Shekhar, learned Senior Advocate, who has appeared for respondent No. 5, the sole contesting respondent in this writ petition. This writ petition arises out of an objection under section 12 of the U.P. Consolidation of Holdings Act filed by the petitioners claiming on the basis of sale deeds executed in their favour by Ram Singari. The sale deeds were executed on 17.6.1978 and 2.5.1980. Several other mutation applications were also filed. However those mutation applications are not the subject-matter of this writ petition and, therefore, their details being irrelevant are not adverted to.

2. In the basic year record chak No. 51 was recorded in the name of Ram Singari.

3. It is the case of the petitioner that Ram Singari obtained permission from the Assistant Settlement Officer, Consolidation on 30.5.1978 and sold her first chak consisting of plot No. 805 in favour of the petitioners 5 to 9 on 17.6.1978. A second permission is alleged to have been obtained on 31.3.1980 and in pursuance thereof a sale deed was executed regarding plot No. 739 of chak No. 51 on 9.8.1980 in favour of the petitioners 1 to 4 and 10 to 13.

4. The other objection under section 9 which is relevant for the purposes of this writ petition is the objection filed by the contesting respondent, claiming on the basis of a will dated 7.6.1977, said to have been executed by Ram Singari in his favour.

5. The objection filed by the petitioners' was rejected by the Consolidation Officer (the CO) which order has been affirmed by the Deputy Director of Consolidation (the DDC). Hence this writ petition.

6. Learned Counsel for the petitioner has submitted that Ram Singari was eighty years old, suffering from various illness and was therefore, admitted in the hospital on 24.9.1980. She was discharged therefrom on 3.10.1980 and thereafter died on 5.10.1980. Relevant documentary proof of these dates is on record including a death certificate issued by the Pradhan in this regard. The CO has wrongly rejected the petitioners' objection relying upon the Kutumb Register entry of 25.9.1995 which records the date of death of Ram Singari as 30.4.1978. This entry was wrongly and illegally held be final by the CO.

7. Shri P.K. Rai has submitted that this entry recording the date of death as 30.4.1978 was made on the basis of an order passed by the SDO, who was not the Competent Authority and, therefore, this entry is without jurisdiction having been made without following the procedure prescribed for it. He has also relied upon section 31 of the Registration of Birth & Death Act, 1969 in support of his contention.

8. The second contention raised is that the various documentary evidence filed by the petitioner in support of his contention that Ram Singari died on 5.10.1980, has not been considered by the subordinate authorities.

9. It is lastly contended that Ram Singari had appeared in proceedings under section 34 of the U.P. Land Revenue Act and her statement has been recorded in December, 1978. Ram Singari was therefore, alive on the date the sale deeds were executed in favour of the petitioner and in holding to the contrary, the Courts below have committed manifest illegality.

10. It is, therefore, clear that the dispute involved in the writ petition is as regards the date of death of Ram Singari and it assails the findings in the impugned orders that Ram Singari died on 30.4.1978.

11. Learned Counsel for the petitioners has submitted lengthy and detailed arguments referring to the Registration of Births & Death Act, 1969, as also the provisions of the U.P. Panchayat Raj Act, (Maintenance of Family Registers) Rules, 1970. The submission is that under the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970, it is the Secretary of the Gaon Sabha who is authorised to make entries in the register and such entries can be corrected by the Assistant Development Officer (th