JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Satya Priya Mishra, learned counsel for the petitioners, Mr. Amish Kumar Srivastava, learned counsel for the respondent nos.4 & 5 and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents.

2. With the consent of learned counsel for the parties, the instant petition is being heard finally without inviting counter affidavit.

3. Brief facts of the case are that plot no.273 of khata no.393 situated in Village- Fulwariya, Tappa-Khuthan, Pargana- Haweli, Tahsil- Sadar, District- Gorakhpur was recorded in the name of Shyamraji wife of Jagesar as bhumidhar with transferable right. After death of aforementioned Shyamraji, name of her daughter Smt. Rampati was recorded on the basis of Pa.Ka.- 11. In the basic year of Consolidation Officer, name of Rampati was recorded over the plot in question. Rampati was married to Sri Ram Raksha Tiwari. Smt. Rampati Devi expired on 13.10.1996, accordingly, name of her only son Narvedeshwar Tripathi was ordered to be recorded in place of Smt. Rampati Devi vide order dated 6.5.1999 in Case No.602, under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act"). N