S.K.Singh, J. - (1.) By means of this writ petition, the judgment of the Deputy Director of Consolidation, Azamgarh dated 6.2.1989 has been challenged.
(2.) Heard Sri Amrendra Pandey, learned advocate in support of the writ petition and Sri Rajednra Rai, learned advocate in opposition thereof.
(3.) Submission of learned counsel for the petitioner is that the order passed by the Deputy Director of Consolidation is clearly illegal as two appeals filed against the order of Assistant Consolidation Officer dated 17.12.1982 were earlier dismissed and therefore, passing of the impugned order on the complaint of respondents, after necessary enquiry cannot be said to be just and proper. Submission is that the petitioner has not been given proper opportunity before passing the order. It has been further submitted that the exercise of powers by the Deputy Director of Consolidation under Section 48(3) of UPCH Act, on the facts cannot be said to be justified. Lastly, it has been submitted that the property which is being claimed as Waqf property on the basis of Waqf deed dated 9.1.1939. is void abinitio and therefore, on the basis of consent of respondent, petitioner's right was rightly accepted by the Assistant Consolidation Officer and thus the Deputy Director of Consolidation in setting aside that order by exercising powers under Section 48(3) of UPCH Act has comnitted. an error.;