JHABBAR AND OTHERS Vs. THE DEPUTY DIRECTOR OF CONSOLIDATION, BALLIA AND OTHERS
LAWS(ALL)-1990-1-90
HIGH COURT OF ALLAHABAD
Decided on January 11,1990

Jhabbar And Others Appellant
VERSUS
The Deputy Director Of Consolidation, Ballia And Others Respondents

JUDGEMENT

R.P. Singh, J. - (1.) This writ petition is directed against the order passed by the Deputy Director of Consolidation dismissing the revision and upholding the order passed by the Settlement Officer (Consolidation) in proceedings under Section 9 of U.P. Consolidation of Holdings Act.
(2.) Briefly the facts are that the petitioners were recorded in the basic year as tenure - holders of the plots in dispute against which an objection was filed by the contesting opposite parties claiming share in the plots in dispute on the allegations that the basic year entry showing the petitioners to be sole tenure - holders of the plots in dispute is incorrect. The Consolidation Officer after appraisal of evidence on record allowed the objection filed by the contesting opposite parties vide his order dated 17-2-88 allotting 1/4 share to the petitioners while the contesting respondents were given the remaining share. Feeling aggrieved the petitioners filed an appeal before the Settlement Officer (Consolidation) accompanied by an application for staying the operation of the order passed by Consolidation Officer. The appeal is still pending before the Settlement Officer (Consolidation) but the Settlement Officer (Consolidation) however, rejected the stay application filed by the petitioners. Feeling aggrieved the petitioners went up in revision before the Deputy Director of Consolidation who also dismissed the same. The petitioners have now preferred the present writ petition before this Court.
(3.) Head learned Counsel for the parties.;


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