- (1.) Heard Sri Madhur Prakash, learned counsel for the petitioners and Sri Shesh Kumar, learned counsel for the respondents. At the very outset Sri Mathur Prakash, learned counsel for the petitioners submitted that he may be permitted to delete the respondent No. 4 from the array of parties. He is permitted to do so during the course of the day.
(2.) This writ petition has been filed for issuing a writ of certiorari quashing the order dated 28.10.1991 passed by the Joint Director of Consolidation (hereinafter referred to as the 'JDC') in Reference No. 1177/330 (State v. Shiv Ram) made by the Consolidation Officer (hereinafter referred to as CO.).
(3.) While assailing the impugned order learned counsel for the petitioners contends that the reference was made by the Consolidation Officer pursuant to the order dated 2.1.1990 passed by the JDC on 5.7.1991. In his submission the notification under Section 52 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) was published in the Gazette on 4.8.1979, therefore, the entire proceeding of reference is without jurisdiction. In support of his submission, learned counsel for the petitioner has placed reliance upon the judgments of this Court in Raja Ram v. Dy. Director of Consolidation, U.P. Lucknow, 1982 RevDec 387and Hari Ram v. D.D.C. Azamgarh and others, 1989 RC 281.;