SAMPURNA NAND TIWARI Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Sri Anil Kumar Aditya, learned counsel for the petitioners; Sri Rahul Sahai, learned counsel for the private respondent nos.3 to 6; Sri Kaushal Kishore Mani, learned counsel for the Gaon Sabha and; Sri Ashutosh Kumar Rai, learned Standing Counsel for the State.

(2.) By means of the present writ petition, challenge has been raised to the order dated 25.10.2019, whereby the Deputy Director of Consolidation, Mirzapur allowed the revision filed by the private respondents and set aside the order dated 13.12.2017 passed by the Settlement Officer Consolidation who had entertained the appeal filed by the present petitioners against an order passed under Rule 109-A of the U.P. Consolidation of Holdings Rules, 1954 (hereinafter referred to as the Rules) read with section 42-A of the U.P. Consolidation of Holdings Act, 1954 (hereinafter referred to as the 'Act').

(3.) In short, the private respondents claim existence of an order dated 26.05.1987 passed under Section 9-A(2) of the Act, by the Consolidation Officer, whereby, title in the property in dispute is claimed to have been settled in favour of the predecessor-in-interest of the private respondents after negating the claim of the predecessor-in-interest of the present petitioners. It is on record that, against that order, the petitioners have filed an appeal being Appeal No. 227/536 (Sampurnanand and Ors. Vs. Amitabh Soni and Ors.) before the Settlement Officer, Consolidation. That appeal is admittedly pending.