Krishna Murari, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for quashing of the order dated 25.5.1981 passed by Deputy Director of Consolidation, Deoria.
(2.) The dispute pertains the plot No. 334 area 0.66 acres recorded in the name of the petitioners in the basic year. Against the basic year entries contesting respondent No. 2 filed objection under section 9 of U.P. Consolidation of Holdings Act (for short the Act) for expunging the name of the petitioners. The objection was filed inter alia on the grounds that the land in dispute originally belongs to Mst. Ram Raji wid-own of Ram Tawakkal. After death of Mst. Ram Raji the land was inherited by his daughter. Mst. Lakhana and the objector respondent No. 2 being adopted son was owner in possession and entitled for mutation of his name. The objection was contested by the petitioners on the allegations that the land in dispute came to be recorded in the name of their predecessor, Dilai on the basis of proceedings under section 240-C. of U.P.Z.A. and L.R. Act wherein he was declared as Adhivasi and thereafter Sirdar and after his death the name of petitioners came to be recorded. The Consolidation Officer vide order dated 27.3.1979 rejected the objection of respondent No. 2 and maintained the basic year entry. The judgment of the Consolidation Officer was confirmed in appeal by the Settlement Officer of Consolidation. However, revision filed by the respondent No. 2 was allowed by the Deputy Director of Consolidation which is under challenged in this writ petition.
(3.) I have heard Sri A.K. Misra for the petitioners and Sri R.C. Singh appearing for the contesting respondent No. 2 and perused the record.;