SALIK AND SEEAYE Vs. ASSTT DIRECTOR OF CONSOLIDATION VARANASI
LAWS(ALL)-2001-11-45
HIGH COURT OF ALLAHABAD
Decided on November 07,2001

Salik and Seeaye Appellant
VERSUS
Assistant Director of Consolidation, Varanasi Respondents

JUDGEMENT

R.H. Zaidl, J. - (1.) HEARD learned counsel for the petitioners, learned counsel for the contesting respondents and also learned standing counsel.
(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 30.7.1984 passed by the Assistant Consolidation Officer in exercise of power under Section 48 of the U. P. Consolidation of Holdings Act (for short 'the Act'). The prayer for a direction in the nature of mandamus staying the operation of the impugned order has also been made. The present petition filed under Article 226 of the Constitution of India arises out of the proceedings under Section 20/21 of the Act.
(3.) IT appears that the chaks were formulated by the Assistant Consolidation Officer. Parties filed objections, which were referred to the Consolidation Officer for decision. Parties produced evidence, oral and documentary, in support of their cases. The Consolidation Officer dismissed the abjections by his Judgment and order dated 6.11.1982. Aggrieved by the said judgment, one of the objectors, i.e. Moti, filed an appeal before the Settlement Officer, Consolidation. The Settlement Officer, Consolidation also dismissed the appeal by his judgment and order dated 13.5.1983. Aggrieved by the said order, a revision was filed before the Deputy Director of Consolidation which ultimately came to the file of Assistant Director of Consolidation, Varanasi. The Assistant Director of Consolidation allowed the revision by his Judgment and order dated 30.7.1984. Hence, the present petition.;


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