- (1.) This petition has been field with a prayer for quashing the orders dated 29.11.1984, 28.10.1977 and 30.4.1977 passed by opposite parties No. 1 to 3 respectively.
(2.) The facts giving rise to the present petition are that the dispute relates to khata No. 156 measuring 9.12 decimal situated in Village Adwari, Pargana Tambour, Tahsil Biswan, District Sitapur. Consolidation commenced in the village and upon verification of khatauni, the Petitioners and opposite party No. 5 were found alongwith the opposite party No. 4 recorded as sole tenant and one Chandra Bhal moved an application for being recorded as co-tenant. The tenancy originated from the time of Peman and after his death it was recorded in the name of Mihi being the elder son. At the time of second settlement, name of Mihi son of Peman was recorded. After second settlement one of the brothers namely Mohan separated himself from other brothers and got his share separated from the original khata and the khata was bifurcated from other brothers at the time of third settlement.
(3.) The parties led evidence before the Consolidation Officer and the Consolidation Officer by means of order dated 30.4.1977 proceeded to record the name of Ram Bilas along with Bharosey as tenure holder in respect of Gata Nos. 97 and 903 and gave half share to each of them. Rest of the remaining land i.e. 7.36 acre was divided amongst Asarfi, Chantu, Chandra Bhal and Ram Bilas and they were declared tenure holder. Three appeals were filed against the aforesaid order by Asharfi and Chantu, Bharosey and Ram Bilas. The appeals of Ram Bilas and Bharosey were allowed by the Settlement Officer Consolidation and the appeal of Asharfi and Chantu was rejected vide order dated 28.10.1977 and in the disputed khata name of Ram Bilas was recorded along with Bharosey and the names of Asarfi, Chantu and Chandra Bahal were directed to be deleted. Feeling aggrieved with the aforesaid order of the Settlement Officer Consolidation, a revision was preferred by Asarfi and Chantu before Deputy Director of Consolidation, Sitapur, who dismissed the revision vide order dated 29.11.1984. Hence this writ petition.;