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 nature of certiorari quashing the judgment and order dated 17.1.2001 passed by the Settlement Officer Consolidation under action 42-A of the U.P. Consolidation of Holding Act, for short 'the Act'.
(2.) For the purpose of decision of the present petition, it is not necessary to state the facts of the case in detail. It would suffice to state that on 11.9.2000, an order was passed by the Settlement Officer Consolidation, which is quoted below : ...[VERNACULAR TEXT OMITTED]...
(3.) Thereafter, the petitioner filed an application under Section 42-A of the Act for correction of order dated 11.9.2000. Subsequently, on 12.1.2001 the petitioner stated before the Settlement Officer Consolidation that he does not wish to press his application filed under Section 42-A of the Act. On the statement made by the petitioner the said application was rejected by the impugned order dated 17.1.2001. On the said date, another application was filed by the petitioner claiming that he was in possession of the land in dispute and the paddy crop was sown by him. The Settlement Officer Consolidation with respect to sowing of paddy crop and its ownership observed that it involved questions of fact which could not be decided without evidence produced by the parties. He, therefore, directed the question of ownership of the crop and possession over the land in dispute to be decided by the S.D.O. concerned by means of the impugned order dated 17.1.2001.;