Sudhir Narain, J. - (1.) This writ petition is directed against order dated 6th July, 1993 granting interim stay order to the contesting respondents passed by Settlement Officer Consolidation, Gorakhpur and order dated 4-12-1993 dismissing the revision against the said order by respondent No. 1.
(2.) The consolidation proceedings started in village Girahiya, Tappa Domakhand, Pargana Tilpur, Tahsil Mahrajganj, District Gorakhpur. Certain objections were filed by the respondents against the basic year entry. The petitioner submitted reply to the said objections. The Consolidation Officer accepted the claim of the respondents and allowed their objections and the entires were directed to be made in accordance with the order of the Consolidation Officer. The petitioner preferred four appeals against the order of the Consolidation Officer before the Assistant Settlement Officer Consolidation which were numbered as 1450, 1451, 2233 and 2334. The Assistant Settlement Officer Consolidation allowed the appeals on 4-10-1983 with certain directions according to which necessary changes in the entires in Khatauni were to be made.
(3.) On 6th July, 1993 the Pradhan of the Gaon Sabha concerned, respondent No.3, filed an application to recall the order dated 4-10-1983 passed by the Assistant Settlement Officer Consolidation in appeal and the order of mutation dated 20-2-1992 in the mutation case passed by the Consolidation Officer on the allegation that the petitioner and others have obtained those orders fraudulently and by misrepresentation of facts. The disputed land was already declared surplus on which the rights of landless agriculturists and labourers were existing and in case the orders in question remain operative, that will affect their rights. He also moved an application for grant of interim stay against those orders. On the stay application the Settlement Officer Consolidation passed the following order on 6th July, 1993:- "The order of Assistant Settlement Officer Consolidation dated 4-10-83 is suspended. Sd/- illegible. 6-7-93.";