S.K.SINGH, J. - (1.) HEARD counsel for the petitioner.
(2.) CHALLENGE in this petition is the order passed by the Deputy Director of Consolidation dated 20.9.2004 by which revision filed by the petitioner has been dismissed and the order of the Consolidation Officer dated 2.9.2003 has been confirmed by which Consolidation Officer had granted stay to opposite party to the order of the Consolidator. In view of the arguments of the learned counsel for the petitioner the following facts emerge. Admittedly the property belongs to one Kasturi Devi. It is said that on her death, by the order of the Consolidator who is empowered vide Section 6A (1) of the U. P. Consolidation of Holdings Act as introduced by U. P. Consolidation of Holdings (Amendment) Act, 2002, U. P. Act No. 3 of 2002, the name of the petitioner and the respondent Nos. 3 and 4 was directed to be mutated/recorded. On filing the application by the respondent No. 3, the Consolidation Officer by the order dated 2.9.2003 stayed the effect of the order dated 16.7.2003 till publication under Section 9 of the U.P.C.H. Act. Revision against that order filed by the petitioner failed and thus both the orders are under challenge.
(3.) SUBMISSION of the learned counsel for the petitioner is based on provisions of Section 6A (1) and (2) of the U. P. Act No. 3 of 2002. It is submitted that under Section 6A (1) of the Act the Consolidator is empowered to dispose of the matter of succession in the undisputed cases. It is submitted that there is proviso to Section 6A of the Act which says that no case shall be entertained, continued or disposed of under this section after start of the proceeding under Section 8. Further submission is that an order made under Sub -section (1) shall not be a bar to an objection under Section 9 and therefore exercise by Consolidation Officer is not justified. To understand the submission of the learned counsel for the petitioner it will be useful to quote entire Section 6A as introduced by U. P. Act No. 3 of 2002 : '6A. Special provision with respect to undisputed succession or transfer. - -(1) After the publication of notification under Sub -section (2) of Section 4 of Section 4A and before start of the proceeding under Section 8, a case of undisputed succession shall be disposed of by the Consolidator, and a case of undisputed mutation on the basis of transfer shall be disposed of by the Assistant Consolidation Officer, in such manner and after making such inquiry as may be prescribed : Provided that no case shall be entertained, continued or disposed of under this section after start of the proceeding under Section 8. (2) An order made under Sub -section (1) shall not be a bar to an objection under Section 9.' ;