Ashok Bhushan, J. - (1.)Heard Sri Narendra Mohan, learned counsel appearing for the petitioners and Sri Faujdar Rai, learned counsel appearing for the respondent Nos. 3 to 5. Counter and rejoinder-affidavits have been exchanged and as prayed by counsel for both the parties the writ petition is being finally disposed of.
(2.)By means of the this writ petition, the petitioners have prayed for quashing the order dated 1.4.2003 passed by the Deputy Director of Consolidation, Mirzapur and the order dated 11.12.1995 passed by the Consolidation Officer, Ramal Patti, Mirzapur.
(3.)Brief facts of this case are : "An objection under Section 9A (2) of the U. P. Consolidation of Holdings Act, 1953 (hereinafter to be referred as "the Act") was filed by the petitioner Nos. 1 and 2, petitioner Nos. 6 to 9 and petitioner Nos. 11 and 12 claiming that they are co-tenure holders with regard to land in dispute. In the objection Roop Chandra Varma, Ramesh Chandra Varma, Sharad Chandra Varma and Prakash Chandra Varma were impleaded as defendants and it was claimed that they had only 1/3rd share. A compromise was filed by both the parties and the Consolidation Officer on the basis of the aforesaid compromise passed an order on 15.5.1987. By order dated 15.5.1987 the names of the parties as co-tenure holders were recorded in Khata No. 946 as per compromise. The compromise was made part of the order. The aforesaid objection was filed in the year 1986 before the Consolidation Officer and while passing the order the Consolidation Officer condoned the delay in filing the objection. Another objection under Section 9A (2) of the said Act was filed by the New Kashmir Oriental Transport Company Pvt. Ltd. against Roop Chandra Varma and Lakshmi Chandra claiming recording of their names on the basis of sale deed from the recorded tenure-holder. In the basic year records the names of Roop Chandra Varma and Lakshmi Chandra were recorded over the land in dispute. On the objection filed by the New Kashmir Oriental Transport Company Pvt. Ltd. case under Section 9A (2) of the said Act was registered in the Court of the Consolidation Officer, Ram Bagh, Mirzapur, being Case No. 3975 of 1981. The case of objectors in case No. 3975 of 1981 was that the recorded tenure holders Lakshmi Chandra and Roop Chandra Varma executed two registered sale deeds dated 9.6.1974 and 31.3.1975 transferring the land in dispute in favour of New Kashmir Oriental Transport Company Pvt, Ltd. During the pendency of the objections filed by New Kashmir Oriental Transport Company Pvt. Ltd., an objection before the Consolidation Officer, Ramai Patti, Mirzapur, was filed by the petitioners as mentioned above claiming co-tenancy right in Khata No. 146 which was decided on compromise on 15.5.1987. After the order of 15.5.1987 the petitioners also filed an application for impleadment in Case No. 3975 of 1981 which application was also allowed on 21.3.1990. Petitioners claimed for impleadment in the aforesaid case on the basis of the order passed by the Consolidation Officer on 15.5.1987. An application was filed by the respondent No. 3 Smt. Raj Kumari Ghai, Satish Chandra Ghal and Anil Ghai in the year 1995 in Case No. 1156 of 1987 praying for recall of the order dated 15.5.1987. It was claimed by the respondents in the application that Lakshmi Chandra and Roop Chandra were owners of the land in dispute who sold the said land by two registered sale deeds dated 9.6.1974 and 31.3.1975 in favour of New Kashmir Oriental Transport Company Pvt. Ltd. It claimed that the said New Kashmir Oriental Transport Company Pvt. Ltd. transferred the land in dispute in favour of the respondents by registered sale deed dated 9.1.1989. It was also stated that the Case No. 3975 of 1981 was registered under Section 9 of the said Act before the Consolidation Officer, Ram Bagh was going on during which the petitioners filed collusive objection which was decided in terms of compromise giving co-tenancy right to the petitioners. It was claimed that the applicants came to know about the order on 25.6.1995 when inspection was made of the file of office of Consolidation Officer, Ram Bagh and thereafter the application was filed. The Consolidation Officer after hearing both the parties allowed the application on payment of cost and set aside the order dated 15.5.1987 vide his order dated 11.12.1995. Revision was filed by the petitioners against the said order dated 11.12.1995, before the Deputy Director of Consolidation which has been dismissed on 1.4.2002, This writ petition has been filed against the aforesaid order dated 11.12,1995, passed by the Consolidation Officer, Ramai Patti and the order dated 1.4.2003, passed by the Deputy Director of Consolidation."