NOHAR AND ANOTHER Vs. GHOORAN AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the parties and also perused the record.

(2.) By means of this petition filed under Art. 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 14.11.1980 passed by the respondent No.2 and contained in Annexure No. 3 to the writ petition.

(3.) It appears that in the proceedings under sections 21/22 of the U.P. Consolidation of Holdings Act, for short, "the Act', the chaks were carved out by the Consolidation Officer allowing the objection of the petitioners by order dated 9.1.1975. Challenging the validity of the said order an appeal was filed by the contesting respondent before the Settlement Officer Consolidation. The Settlement Officer Consolidation has dismissed the appeal by his judgment and order dated 16.7.1980. Thereafter, the contesting respondent challenged the validity of the order passed by the Settlement Officer Consolidation, under Sec. 48 of the Act and filed a revision before tire Deputy Director of Consolidation. The Deputy Director of Consolidation by means of the impugned order dated 14.1.1980 allowed the revision. In the said order it was observed that the order was being passed with the consent of the parties. The said observation was challenged before the Deputy Director of Consolidation. It was contended that the consent was never given before the Deputy Director of Consolidation by the contesting respondent. The said application, was also dismissed vide order dated 27.4.1987. Hence, the present petition.