VIKRAM NATH,J. - (1.) BOTH the Writ Petitions arise out of the same order of the Deputy Director of Consolidation and the Settlement Officer, Consolidation but have been filed by the different parties as such they are being decided by this common order.
(2.) HEARD learned counsel for the petitioner and Sri R.C. Singh, learned counsel representing all the private respondents. With the consent of the counsel for parties both the writ petitions are being decided finally at the stage of admission itself, under Rules of the Court. The dispute before the Consolidation Officer related to Khata Nos.26 and 26A of Village Narottampur Kala, Pargana Dehat Dehat Amanat, District Varanasi. The Consolidation Officer by the order dated 10.11.2005 decided the shares between the parties with regard to the two khatas referred to above. The appeal was filed by Pramod Kumar the petitioner in the Writ Petition No.61560 of 2010 and the respondent no.4 in Writ Petition No.57942 of 2010. The Settlement Officer Consolidation by order dated 22.10.2009 allowed the appeal and remanded the matter to the Consolidation Officer to decide the shares between the parties with regard to Khata Nos. 26, 26A and 145 of the Village in question. Aggrieved by the same revision was filed by Pramod Kumar, which has been dismissed by the Deputy Director of Consolidation vide order dated 07.08.2010. It is against these orders of the Settlement Officer Consolidation and the Deputy Director of Consolidation that the present writ petition has been filed.
(3.) IT has been submitted by the learned counsel for the petitioner that with regard to Khata No.145 the dispute had already been decided by the Consolidation Officer by order dated 27.05.1995, copy whereof has been filed as Annexure 4 in the Writ Petition No.57942 of 2010 and as Annexure 5 in the Writ Petition No.61560 of 2010. It is further submitted that Khata No.145 was not subject matter of dispute before the Consolidation Officer.;