R.H. Zaidi, J. - (1.) 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 I nature of certiorari quashing the order dated 20.6.1989 passed by the Deputy Director of Consolidation, respondent No. 1.
(2.) The present petition arises out of tire proceedings under Section 20/21 of the U.P. Consolidation of Land Holdings Act. The Assistant Consolidation officer did not allot the desired chak to the petitioner, therefore, he filed an objection under Section 20 of the Act demanding his chak on the plots in question. Objection filed by the petitioner was dismissed by the Consolidation Officer and the order of the Assistant Consolidation Officer allotting two chaks to the petitioner was affirmed with some alterations in the said chaks. Challenging the order of the Consolidation Officer, petitioner preferred an appeal before the Settlement Officer Consolidation. The Settlement Officer Consolidation by order dated 7.3.1989 allowed the appeal and allotted the chak as desired by the petitioner on plot Nos. 150 and 151 etc. by order dated 7.3.1989. Against the order passed by the Settlement Officer Consolidation, respondent No. 2 filed a revision before the Deputy Director of Consolidation, respondent No. 1. The Deputy Director of Consolidation allowed the revision by means of the impugned order dated 20.6.1989, hence the present petition.
(3.) Learned counsel for the petitioner vehemently urged that the impugned order was passed by the Deputy Director of Consolidation without affording an opportunity of hearing to the petitioner and behind his back, therefore, the same was liable to be quashed. On the other hand learned counsel for the contesting respondent submitted that the petitioner has already filed an application for recalling the impugned order which is pending disposal before the Deputy Director of Consolidation. The petition as framed and filed is, therefore, premature and is liable to be dismissed.;