- (1.) Heard Shri Kunal Ravi Singh, learned counsel for the petitioner and Shri Vishal Khandelwal, Advocate, representing the heirs of respondent No. 2.
(2.) The present writ petition arises out of the orders passed by different consolidation authorities in proceedings registered under Section 12 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953').
(3.) The facts of the case, relevant in view of the order proposed to be passed, are that in proceedings instituted by the petitioner under Section 12 of the Act, 1953 an order dated 24.9.1981 was passed by the Assistant Consolidation Officer (hereinafter referred to as, 'A.C.O.') in favour of the petitioner directing that the name of the petitioner be mutated in the revenue/consolidation records relating to the disputed plots on the basis of a Will allegedly executed in his favour by one Mahant Sant Kumar Das. Against the order dated 24.9.1981 passed by the A.C.O., the respondent No. 2 filed an appeal under Section 11(1) of the Act, 1953 on the ground that the plot was in the nature of Abadi and, therefore, not 'land' as defined in the Act, 1953 and thus the order dated 24.9.1981 passed by the A.C.O. was without jurisdiction. The Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.') vide his order dated 12.6.2008 allowed the appeal and remitted the case to the C.O. directing the C.O. to decide the case on merits keeping in mind the law relating to Wills and the nature of plot. The revision filed by the petitioner against the order dated 12.6.2008 was dismissed by the Deputy Director of Consolidation (hereinafter referred to as, 'D.D.C.') vide his order dated 31.7.2009. Against the orders passed by the S.O.C. and the D.D.C., the petitioner filed Writ-B No. 45988 of 2009 before this Court which was also dismissed by this Court vide its order dated 3.9.2009. However, in its order dated 3.9.2009, this Court while dismissing the writ petition directed the C.O. to decide all points afresh by a reasoned order without being influenced by any findings recorded by the D.D.C. and further directed the C.O. not to consider the impugned order passed by the D.D.C. to have decided anything finally.;