R.H. Zaidi, J. - (1.) Heard learned Counsel for the petitioner, learned Standing Counsel and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 4-1-2001, contained in Annexure-5 to the writ petition, passed by the Deputy Director of Consolidation dismissing the revision filed by the petitioner. Prayer for quashing the order dated 14-9-1998 passed by the Settlement Officer (Consolidation) remanding the case to the Consolidation Officer for decision afresh has also been made.
(3.) The relevant facts of the case giving rise to the present petition are that the land in dispute was owned by late Firoz Khan, who has died during the consolidation proceedings. Objections were filed before the Consolidation Officer by the petitioner and the respondents Nos. 3 and 4 for mutation of their names in place of the deceased, in revenue papers, over Khata No. 870. The petitioner claimed possession over the land in dispute on the basis of the will alleged to have been executed in his favour by Firoz Khan and as well as on the basis of adverse possession for more than statutory period. The Consolidation Officer allowed the objection ex parte filed by the petitioner. The respondent Nos. 3 and 4 challenged the ex parte order dated 24-1-1995 before the Settlement Officer (Consolidation). The Settlement Officer (Consolidation) allowed the appeal and remanded the case to the Consolidation Officer by judgment and order dated 14-9-1998. The petitioner challenged the validity of the order passed by the Settlement Officer (Consolidation) by filing a revision before the Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act, which was dismissed. Hence the present petition.;