Narayan Shukla, J. - (1.) Notices on behalf of opposite parties 1 to 4 have been accepted by learned Chief Standing Counsel and for the opposite party No.5 notice has been accepted by Mr. S.M. Abuzar Zaidi, learned Advocate. Heard Mr. Hemant Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel as well as Mr. S.M. Abuzar Zaidi, learned counsel for the opposite party No.5.
(2.) The petitioner has challenged the order dated 29th of January, 2010, passed by the District Deputy Director of Consolidation, Faizabad in revision No.02 (09-10) on the ground of jurisdiction and submits that once there is a posting of Deputy Director of Consolidation in the regular side, no jurisdiction was vested with the District Deputy Director of Consolidation to proceed with the revision and decide the same, accordingly he submits that the order passed by him is without jurisdiction being in violation of Rule 111 of the U.P.C.H. Rules, 1954 and is unsustainable.
(3.) On the other hand Mr. Zaidi, learned counsel for the opposite party No. 5 informs that on the date of filing of the revision the Deputy Director of Consolidation was not available, therefore, the District Deputy Director of Consolidation entertained the revision and proceeded to pass order in terms of order passed by this court on 7th of January, 2010 in writ petition No.11 (Cons.) of 2010. Mr. Zaidi, further informs that the petitioner appeared before the District Deputy Director of Consolidation and participated in the proceeding by filing objection against the revision, but did not raise any question on the jurisdiction of the District Deputy Director of Consolidation, therefore, at this stage there is no reason to raise the question on the jurisdiction of the authority concerned.;