S.R. Singh, J. - (1.) By order dated 28-1-1993 the Consolidation Commissioner, U.P. transferred 16 appeals specified in the order pending in the court of Settlement Officer, Deoria to Sri Ram Chandra Yadav, the Settlement Officer Consolidation, Gorakhpur with a direction that he would hold a camp at Deoria from 15-2-1993 to 22-2-1993 and decide the aforesaid appeals in accordance with law. Pursuant to the said order of the Consolidation Commission, U.P., the Settlement Officer Consolidation, Gorakhpur held a camp at Deoria and decided the appeals aforesaid by order dated 22-2-1993 at Deoria. Against the said order revision No. 217/2 was filed by Yogendra Rai in the court of District Deputy Director of Consolidation, Deoria while 12 other revisions were filed by Barister and others before the Deputy Director of Consolidation, Deoria. The petitioner who has been arrayed as party respondent in all the 13 revisions aforesaid raised a preliminary objection as to the maintainability of the revisions before the Deputy Director of Consolidation, Deoria on the ground that the appellate order was passed by the Settlement Officer Consolidation, Gorakhpur and therefore, the District Deputy Director of Consolidation/Deputy Director of Consolidation, Gorakhpur may entertain and decide the revisions and not the District Deputy Director of Consolidation/Deputy Director of Consolidation Deoria. The preliminary objection raised by the petitioner has been turned down by the Deputy Director of Consolidation Deoria vide order dated 17-9-1993 which is under challenge in the present writ petition under Article 226 of the Constitution.
(2.) I have heard Sri Sankatha Rai for the petitioner and Sri S. N. Singh for the respondents.
(3.) Learned counsel for the petitioner urged that rule 111 of the U.P. Consolidation Holdings Rules, 1954 read with Section 48 of the U.P. Consolidation of Holdings Act makes it abundantly clear that the revisions against the order dated 22-2-1993 lay before the District Deputy Director of Consolidation, Gorakhpur, in view of the fact that the appellate order was passed by the Settlement Officer Consolidation, Gorakhpur. In support of his contention the learned counsel for the petitioner placed reliance upon a decision of this Court in Darbari Lal v. Deputy Director of Consolidation Jalaun, 1989 RD 304.;