R.H. Zaidi, J. - (1.) Heard learned counsel for the parties and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 18.12.1985 whereby the Deputy Director of Consolidation has allowed the revision filed by the contesting respondents and remanded the case to the Consolidation Officer for decision afresh.
(3.) It appears that the Consolidation Officer on the basis of an alleged compromise, decided the case by his judgment and order dated 20.8.1974. Challenging the validity of the said order, an appeal was filed by the petitioners along with an application under Section 5 of the Limitation Act, the Settlement Officer Consolidation dismissed the application filed under Section 5 of the Limitation Act and also the appeal. Aggrieved by the order passed by the Settlement Officer Consolidation the petitioners preferred a revision under Section 48 of the U.P. Consolidation of Holdings Act before the Deputy Director of Consolidation. The Deputy Director of Consolidation after hearing the parties and after going through the material on the record, recorded the findings on the relevant points against the contesting respondents and allowed the revision by his judgment and order dated 18.12.1985 and remanded the case to the Consolidation Officer for decision afresh after affording opportunity of hearing and to produce evidence. It was also observed that the Settlement Officer Consolidation acted illegally in dismissing the application filed under Section 5 of the Limitation Act and that he should have decided the appeal on merits. Hence, the present petition.;