Anjani Kumar Mishra, J. - (1.) HEARD Smt. Durga Tiwari, learned Counsel for the petitioners and Sri Riduvant Pratap Singh and Sri S.C. Verma, who have appeared for the caveator. This writ petition arises out of an objection under section 9A(2) of the U.P. Consolidation of Holdings Act and is directed against the order dated 2.9.2014 passed by the Deputy Director of Consolidation as also the order dated 24.7.2013 passed by the Consolidation Officer in Case No. 31 under section 9A(2), Somdutt v. Rameshwar.
(2.) THE dispute in the writ petition pertains to plot No. 778 area 6 -7 -0, situated in village Jaroda Panda, Pargana Deoband, Tehsil Rampur Maniharan, District Saharanpur, which admittedly belonged to one Rameshwar Dayal. Both the parties claim on the basis of registered sale deeds executed by the said Rameshwar Dayal in their favour. The respondent No. 4 claims on the basis of a registered sale deed dated 13.8.1973 while the claim of the petitioners' is based on a registered sale deed dated 21.1.1981. On the start of consolidation operations, an objection under section 9A(2) was filed by respondent No. 4. The Consolidation Officer allowed this objection. The appeal filed by the petitioners was allowed and the order passed by the Consolidation Officer was reversed and the petitioners was ordered to be recorded over the land in question. This order has been set aside by the Revisional Court and the order passed by the Consolidation Officer has been affirmed.
(3.) IT appears that prior to the start of consolidation operations, proceedings for mutation were taken under section 34 of the U.P. Land Revenue Act.;