- (1.) Heard Sri S.C. Tripathi, for the petitioner.
(2.) The writ petition has been filed for following relieves:- (i)To issue a writ of mandamus, order or direction in the nature of mandamus, commanding the respondent consolidation officer not to proceed any further in Case no. 50/69, Indrajeet Vs. Sarkar in the impugned proceedings under Rule 109-A as the proceedings as a whole are not maintainable in the eyes of law. (ii)To issue a writ of mandamus, order or direction in the nature of mandamus, commanding the consolidation officer to treat the order dated 07.11.2014 as well as 26.12.2014 ineffective and in operative in law treating the same as if kept in abeyance during continuance of the respondents proceedings in Appeal no. 1211/1389 under Section 11 (1) of U.P.C.H. Act. (iii) To issue a writ of mandamus, order or direction in the nature of mandamus, commanding the respondent consolidation officer to implement the order dated 26.12.2014 in the khatauni so that the earlier order dated 07.11.2014 be treated as a dead order. (iv) To issue any further writ order or direction to which the petitioner be found entitled in law.
(3.) Khata 18 of village Kamsin, tahsil Machhalishahar, district Jaunpur was recorded in the name of the petitioner, in basic consolidation year. Indrajeet (respondent-3) filed an objection (registered as Case Nos. 270 to 274) under Section 9-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act), claiming co-tenancy of 1/2 share along with the petitioner. Consolidation Officer, by order dated 15.12.1998, allowed the objection of respondent-3 and directed for recording his name as co-tenant of 1/2 share. The petitioner filed an appeal (registered as Appeal no. 2178) under Section 11 (1) of the Act, from the aforesaid order, which was dismissed in default by order dated 19.05.2011. The petitioner filed an application for recall of the order dated 19.05.2011 and restoration of the appeal, which is pending.;