J. N. Dubey, J. - (1.) :-
(2.) THIS writ petition is directed against the order dated 20/21 st June, 1974 of the Deputy Director of Consolidation, U. P. Lucknow Camp at Meerut passed under section 42-A of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act). It appears that the petitioners possessed agricultural land in two villages, namely, Noorpur and Barka Arifpur in the district of Meerut. Both these villages were brought under the Consolidation Scheme. The tenure-holders were put into possession of their new chaks after the finalisation of the Consolidation scheme while the possession of the chaks of village Noorpur was delivered to the tenure-holders in 1969. The possession of the chaks of village Barka Arifpur was delivered in 1971. The petitioners also got possession of their new chaks along with other tenure-holders in the same year and since then they are in possession thereof. No objection was filed against the chaks of the petitioners by any tenure-holder of the village. However, on 16-3-1974, long after the finalisation of the Consolidation scheme an application purporting to be under section 42-A of the Act was moved by the opposite parties nos. 5 and 6 before the Settlement Officer Consolidation, claiming that during consolidation operation a Gul was provided in the north of chaks nos. 94, 209 and 239 in Noorpur which was subsequently closed by the petitioners. It was prayed that Gul be restored back. In the alternative, It was stated that if no Gul was provided during the Consolidation scheme a provision for a new Gul be made forthwith. The Settlement Officer Consolidation sent the application to the Consolidation Officer for his comments, who in turn, directed the Assistant Consolidation Officer to submit his report. The Assistant Consolidation Officer submitted his report to the Consolidation Officer on 18-3-1974, stating that no Gul was provided during Consolidation scheme in chaks nos. 94, 209 and 239 as claimed by the opposite parties nos. 4 and 5 but a Gul could be provided in chaks nos. 822, 846 and 848 of village Barka Arifpur to avoid inconvenience to the tenure-holders.
(3.) THE petitioners on coming to know of the report of the Assistant Consolidation Officer filed an objection before the Consolidation Officer on 10-4-1974, claiming, inter alia, that no new Gul could be provided after finalisation of the Consolidation scheme under section 42-A of the Act. THE Consolidation Officer, however, forwarded the papers to the Settlement Officer Consolidation on 8-5-1974 with the recommendation to make a reference under section 48 (3) of the Act to the Deputy Director of Consolidation. THE Settlement Officer Consolidation in his turn made a reference to the Deputy Director of Consolidation under section 48 (3) of the Act on 13-6-1974 and directed the parties to appear before him on 15-6-1974. THE Deputy Director of Consolidation accepted the reference on 21-6-1974. Feeling aggrieved the petitioners have come up to this Court under Article 226 of the Constitution.;