SHYAM NARAIN AND OTHERS Vs. DEPUTY DIRECTOR OF CONSOLIDATION, ALLAHABAD AND OTHERS
LAWS(ALL)-2001-8-156
HIGH COURT OF ALLAHABAD
Decided on August 31,2001

Shyam Narain And Others Appellant
VERSUS
Deputy Director of Consolidation, Allahabad and others Respondents

JUDGEMENT

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 6.4.1990 passed by the Deputy Director of Consolidation, Allahabad.
(3.) It appears that the petitioners claiming the land in dispute as their Bhumidhari have filed objection before the Assistant Consolidation Officer under Section 9 (2) of the U.P. Consolidation of Holdings Act, for short 'the Act'. The objection of the petitioners was opposed by the contesting respondents. Parties produced evidence in support of their cases. The Consolidation Officer after going through the material on the record allowed the objection filed by the petitioners allegedly without hearing the respondents. The respondents thereafter filed an appeal before the Settlement Officer Consolidation. The appeal filed by the respondents was entertained and is stated to be still pending before The Settlement Officer Consolidation. The Settlement Officer Consolidation granted an interim order on 6.3.1990 in favour of the respondents. Challenging the validity of the said order, a revision is stated to have been filed under Section 48 of the Act, which was allowed by the Deputy Director of Consolidation on 4.4.1990; but subsequently the said order was stayed by the impugned order, hence the present petition.;


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