K.N.Misra, J. - (1.) This writ petition is directed against the order dated 10-2-1983 passed by the Deputy Director of Consolidation, Varanasi by which he has rejected the application filed by the petitioner challenging the order dated 22-7-1977 passed by the Settlement Officer (Consolidation) granting permission to O.P. No. 3 Har Sewak for making construction over plot No. 1123 M. area Acre situated in village Baragaon District Varanasi.
(2.) Briefly slated the facts of the case are that the petitioner's father Achhaibar was recorded as tenure-holder over plot no. 1123 area 0.04 Acre and the O.P. No. 3 Har Sewak was recorded as tenure-holder on separate holding in a separate khata over 1123 M. area 0.04 Acre. It appears that the O.P. No. plot no. 3 Har Sewak filed an application under section 5 (c) (i) of the U.P. Consolidation of Holdings Act seeking permission to make construction over his portion of the plot in question. The Settlement Officer (Consolidation) granted permission to the O.P. No. 3 by his order dated 25-6-1974. Against this order a revision was filed by Achhaibar, the father of the petitioners 1 and 2. The ground urged in the revision was that since permission was earlier refused by the Settlement Officer (Consolidation) and as such the Settlement Officer (Consolidation) could not grant permission to O.P. No. 3 subsequently. This revision was rejected by the Deputy Director of Consolidation vide order dated 10-9-1975 holding that application of O.P. No. 3 was not rejected in respect of land in question. The petitioners' father Achhiabar again moved an application asserting that it was under wrong impression that the averment was made in revision that on earlier application of O.P. No. 3 for permission was rejected and such he prayed that the order dated 25-6-74 passed by the Settlement Officer (Consolidation) granting permission be set aside on the ground that no such permission can be granted to a tenure holder when in respect of the land in question and objection for determining title is pending between the parties. This application was rejected on 3-3-1976. Subsequently Achhaibar died and the petitioners again moved an application before the Deputy Director of Consolidation which was rejected by him vide order dated 2-8-1976. Aggrieved by these orders the petitioners filed this writ petition.
(3.) It has come on record that the objection which was filed by Achhaibar under section 9-A of the Consolidation of Holdings Act claiming Sirdari rights on the land in question on the basis of adverse possession has been allowed by the Consolidation Officer vide order dated 7-2-1977. Against that order O.P. No. 3 filed an appeal which was allowed by the Settlement Officer (Consolidation) vide order dated 22-7-1977 holding that the petitioners have not perfected the rights of the adverse possession over the land in question and the entries in Clause 9 in the name of Achhaibar was not made in accordance with the provisions of Land Record Manual. Against the said order the petitioners filed revision which was dismissed by the Deputy Director of Consolidation vide order dated 10-2-1983. The copies of these orders have been annexed along with the counter-affidavit.;