Krishna Murari, J. - (1.) Heard Sri R.N. Yadav, learned Counsel for the petitioners, learned Standing Counsel and Sri M.A. Zaidi for the respondent No. 11.
(2.) Aggrieved by the order passed by Settlement Officer, Consolidation dismissing the appeal arising out of the proceedings under section 9-A (2) of the U.P. Consolidation of Holdings Act (for short the Act) the petitioners preferred a revision. Since the post of Deputy Director of Consolidation in the District was lying vacant as such the revision was entertained by the Chief Development Officer of the District who was officiating as the Collector. Vide order dated 20.10.2004, the revision was admitted and the interim order was passed. In the meantime Deputy Director of Consolidation was posted and the proceedings were transferred to his Court and stay order passed earlier was extended by him on 3.6.2005. Subsequently, an application was moved by the respondent Nos. 11 to 13 before the Collector/District Deputy Director of Consolidation with a prayer to vacate the interim order on the ground that Chief Development Officer has no jurisdiction to entertain the revision or to pass any interim order. The Collector/District Deputy Director of Consolidation called for the record from the Court of Deputy Director of Consolidation and vacated the interim order on the ground that Chief Development Officer has no jurisdiction either to entertain the revision or to pass any order.
(3.) It has been urged by the learned Counsel for the petitioners that the impugned order has been passed by the Collector, Jaunpur/District Deputy Director of Consolidation under the political influence. It has further been urged that since on the date, the revision was presented, the Chief Development Officer was officiating as Collector as such he was District Deputy Director of Consolidation and thus had full power to entertain the revision and pass the order. In reply, it has been submitted by the learned Counsel for the respondent i that Chief Development Officer has no jurisdiction to entertain the revision and the order passed by him has rightly been vacated by the Collector/District Deputy Director of Consolidation.;