R.H.ZAIDI, J. - (1.) HEARD learned Counsel for the petitioners.
(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 26 -11 -1991 passed by the Deputy Director of Consolidation allowing the revision filed by the Respondent No. 2 under Section 48 of the U.P. Consolidation of Holdings Act, for short the Act. The relevant facts of the case giving rise to the present petition, in brief, are that the Respondent No. 2, Jagdamba filed an objection under Section 9 -A of the Act claiming Bhumidhari rights in the land comprising in Plot No. 261 measuring 1 bigha 6 biswas. The Consolidation Officer allowed his objection vide order dated 26 -4 -1977. The petitioners thereafter challenged the validity of the said order and filed an appeal before the Settlement Officer Consolidation. The Settlement Officer Consolidation allowed the appeal by his judgment and order dated 23 -8 -1988. The Respondent No. 2 thereafter filed a revision under Section 48 of the Act before the Deputy Director of Consolidation. The Deputy Director of Consolidation has allowed the revision by the impugned order dated 26 -11 -1991, hence the present petition.
(3.) LEARNED Counsel for the petitioners vehemently urged that the order passed by the Deputy Director of Consolidation is illegal and, therefore, is liable to be set aside.;