ORDER :

D.K. Upadhyay, J.

1. This petition filed under Article 226 of the Constitution of India challenges the order dated 26.08.2005 passed by the Settlement Officer of Consolidation, Sultanpur whereby the orders dated 18.03.1999 and 09.04.1999 passed by the Consolidation Officer, Sultanpur in respect of land in dispute comprising in khata nos. 24 and 200 of village Haripur, Pargana Aldemau, Tehsil Kadipur, District Sultanpur have been set aside and the land in said khatas has been ordered to be recorded in the names of Brij Bhushan, Lauhari Prasad and Ram Krishna to the extent of 1/2, 1/4 and 1/4 shares of these persons. The petitioner has also challenged the order dated 28.08.2006 passed by the Deputy Director of Consolidation, Sultanpur whereby the revision petitions preferred against the order dated 26.08.2005 passed by the Settlement Officer of Consolidation, have been dismissed.

2. Heard learned counsel for the parties.

3. Since the dispute at hand has a long history and various parties to the proceedings drawn before the consolidation authorities/courts as also before this Court have died and in their place, their legal heirs and representatives have been substituted, the petitioners and their predecessors-in-interest will be referred to as petitioners and similarly the respondents and their predecessors-in-interest shall be referred to as the respondents in this judgment.

4. The dispute raised in this petition relates to land comprised in two khatas, namely, khata nos. 24 and 200, situate in village Haripur, Tehsil Kadipur, District Sultanpur. Khata no. 24 comprised of gata nos. 151, 351, 151/4, 351/4, 151/3 and 351/5 whereas Khata no. 200 comprised of gata nos. 132/2, 132/4, 116 and 132. It is not in dispute that basic year entry in the revenue records in respect of land in dispute was in the name of Chandra Bhushan and Brij Bhushan. Chandra Bhushan is the father of respondent nos. 3 and 4 whereas Brij Bhushan is the father of respondent no. 5.

5. On commencement of consolidation proceedings, the petitioners filed objections taking a plea that land in question was ancestral property both of the petitioners and the respondents and that the petitioners have been in possession over their shares of land since before abolition of zamindari. The claim of petitioners was also based on a Bahmi Bantwara (family settlement). Certain other objections were also filed by other individuals. In respect of land comprised in khata no. 24, respondents filed objections regarding gata no. 192 to the effect that name of Brij Bhushan be deleted from the said gata. The petitioners also filed objections regarding gata nos. 351/4 and 154/4 with the prayer that names of respondent nos. 3 and 4 and that of Brij Bhushan be deleted from the records and in their place, names of petitioners be recorded. Another objection in respect of khata no. 24 was filed by Hari Prasad in relation to gata no. 351 and 352 with the prayer that he be recorded as co-tenure holder. In respect of gata nos. 151 and 351, another objection was also filed by the petitioners with the prayer that names of respondents be deleted and their names be recorded. In respect of gata nos. 151/3 and 351/5, one Param Sukh who was father of petitioner nos. 10 and 11 and Gayatri Prasad, Jayanti Prasad and Vans Raj also filed objections praying that names of respondent nos. 3 and 4 and that of Brij Bhushan be expunged and in their place, names of the petitioners may be recorded.

6. Similarly in respect of land comprised in khata no. 200, the petitioners filed objection regarding gata nos. 132/1, 351, 132/2 and 132/4. Objection in respect of gata no. 132/2 was filed by Param Sukh, Gayatri Prasad, Jayanti Prasad, Vans Raj and Ram Ujagar as well. Brij Bhushan, father of respondent no. 5, Lauhari Prasad and Ram Krishan also filed objections against Ram Awadh in respect of gata no. 132 to the effect that his name be deleted and their names be recorded in his place. Regarding gata nos. 116, 131 and