(1.) R. H. Zaidi, J. Heard learned counsel for the parties and perused the record.
(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 3-9-1995 passed by the Deputy Director of Consolidation in exercise of his powers under Section 48 of the U. P. Consolidation of Holdings Act, for short "the Act".
(3.) ON the other hand, learned counsel appearing for the contesting respondent supported the validity of the order passed by the Deputy Director of Consolidation. It was urged that the passed by the Deputy Director of Consolidation is concluded by findings of fact which are based on relevant evidence on record. The same, therefore, cannot be interfered with under Article 226 of the Constitution of India. It was also urged that after the amendment of Section 48 of the Act, vide U. P. Ordinance No. 12 of 2002, the Deputy Director of Consolidation had jurisdiction to reverse the findings recorded by the authorities below and to record his own findings after the reappraisal of the evidence on record, therefore, the writ petition had no force and was liable to be dismissed.