S.K. Singh, J. - (1.) Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the respondent
(2.) By means of this writ petition, petitioner has challenged the judgments of the Deputy Director of Consolidation dated 17.10.74 by which matter has been remanded back to the Consolidation Officer for re-trial.
(3.) Proceedings relate to section 9-A(2) of the U.P. Consolidation of Holdings Act which is in respect to title of the parties. There appears to be dispute in respect to the land which comprises in Khata No. 44 and Khata No. 72 situated in village Manidih, Pargana Bhadohi district Varanasi (Now Sant Kabir Nagar, Bhadohi). Both the parties appears to have filed objection in respect to their claim. Consolidation Officer on the pleadings of the parties framed five issues, issue relates to the rights of the rival parties and also in respect to the validity of the sale deed in the light of the objection as filed by the opposite party. After evidence of the parties Consolidation Officer decided claim of the parties in one way against which both the parties filed appeal which has also been dismissed. Revision came to the Deputy Director of Consolidation who after narrating facts in detail have chosen to remand back the matter to the Consolidation Officer for retrial after framing specific issue concerning to the alleged frauds in execution of the sale deed. Obviously after j framing fresh issues parties will be required to lead evidence and thus the dispute between the parties was required to be decided afresh.;