JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Siddharth Nandan, learned counsel for the petitioner, Mr. Arpit Agarwal, learned counsel for the contesting respondent no. 3, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sher Bahadur Singh, learned counsel for the respondent-Gaon Sabha.

2. With the consent of the learned Counsel for the parties the writ petition is being heard finally without inviting counter affidavit.

3. Brief facts of the case are that plot no. 144 area 1.1210 hectare & plot No. 243 area 1.3480 hectare of Khata No. 168 situated at village-Gadha Kalan, Pergana & Tehsil-Puranpur, District-Pilibhit was recorded in the name of Lekhraj son of Kehar. Lekhraj had expired on 15.9.2004. Smt. Parvati Devi widow of Lekhraj also expired accordingly, petitioner filed an objection under Section-9A (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “U.P.C.H. Act”) to record her name as there are no son and daughter from the wedlock of Lekhraj & Smt. Parvati Devi. Respondent no. 3/Har Narayan alias Madho Ram filed his counter objection stating that Lekhraj during his lifetime had executed an unregistered