JASPREET SINGH
Anil Singh – Appellant
Versus
Deputy Director of Consolidation Aydhya – Respondent
JUDGMENT :
JASPREET SINGH, J.
1. Supplementary affidavit filed by the learned counsel for the petitioners is taken on record.
2. Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned standing counsel has been accepted on behalf of the respondents No. 1 and 2 and the private-respondent No. 3 is represented by Shri Mohiuddin Khan, Advocate.
3. By means of the instant petition, the petitioners assail the order dated 11.03.2024 passed by the Deputy Director of Consolidation, Ayodhya (for short ‘DDC’) whereby the revision preferred by the petitioners was dismissed affirming the order dated 06.05.2022 passed by the Settlement Officer of Consolidation, Ayodhya (for short ‘SOC’) as a result, the objections filed by the private-respondent No. 3 were allowed (originally filed by her mother Smt. Dashrath Dei, who expired during the proceedings before the SOC).
4. The submission of the learned counsel for the petitioners is that at the commencement of the consolidation operations, the property in dispute was initially recorded in the base year in the name of Basudev Singh (the predecessor-in-interest of the present petitioners) and Dashrath Dei widow of Ram Lakhan Singh.
5. Th
Title to property cannot be established solely through affidavits or admissions; a Will must be proved according to statutory requirements.
Validity of recorded ownership requires substantiation through evidence, especially regarding compromises and claims made in revenue records under consolidation proceedings.
The petitioner failed to establish his claim of inheritance over the disputed land due to lack of evidence and failure to challenge prior orders vesting the land in the State.
Amendments to grounds of appeal that seek to change the character of the case cannot be permitted at advanced stages of litigation, particularly when earlier opportunities to introduce such arguments....
The court held that succession rights require substantiated proof of parentage, emphasizing the need for reliable documentation in inheritance claims under the U.P. Consolidation of Holdings Act.
The court affirmed the concurrent findings regarding co-tenancy rights and ancestral property, dismissing the writ petition due to lack of merit.
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
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