R.H.Zaidi, J. - (1.) Heard.
(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 25.10.1990 (Annexure 9 to the writ petition).
(3.) The relevant facts of the case are that plot No. 265 (measuring 0.33 acres) and plot No. 269 (measuring 0.14 acres) situated in village Dataura district Bareilly, for short, 'the plots in dispute', were recorded -in the basic year in two khatas, i.e., in khata Nos. 193 and 96 in the name of contesting respondents No, 2 to 5. Before the Assistant Consolidation Officer, four objections were filed by the petitioners claiming that they were in possession of the plots in dispute and the names of the contesting respondents be expunged. It was also prayed that entry in Khata No. 193 was wrong, the same be also expunged and the plots in dispute be recorded in their names. The contesting respondents also filed their objection/ written statement contending that they were the owners/bhumidhar in possession of the plots in dispute and were rightly recorded in their khata No. 193 and prayed that entry of khata No. 96 was to be expunged. As the dispute could not be reconciled, the same was referred by the Assistant Consolidation Officer to the Consolidation Officer, Ballia for decision. Parties in support of their cases produced evidence. The Consolidation Officer after hearing the parties and perusing the evidence on the record by his order dated 9.9.1974 directed expunction of the entry from Khata No. 193. Aggrieved by the judgment and order passed by the Consolidation Officer the contesting respondents filed appeal before the Settlement Officer Consolidation, which was also dismissed on 19.12.1980. The respondent Nos. 2 and 5 thereafter filed a revision under Section 48 of the U.P. Consolidation of Holdings Act, for short, 'the Act', before the Deputy Director of Consolidation. The Deputy Director of Consolidation after hearing the parties and after perusing the material on the record reversed the findings recorded by the Consolidation Officer and the Settlement Officer Consolidation as they were illegal and contrary to the evidence on the record. After reversing the said findings it was held that the plots in dispute were rightly entered in khata No. 193. The entry in khata No. 96, which was wrong, was, therefore, directed to be expunged by the impugned order dated 25.10.1990. Hence the present petition.;