B.L. Yadav, J. - (1.) THIS petition Under Article 226 of the Constitution of India is directed against the Order dated 16.02.1978 passed by the Deputy Director of Consolidation, Jhansi allowing the revision Under Section 48 of the U.P. Consolidation of Holdings Act, filed by Respondent Nos. 4 and 5.
(2.) THE facts of the case are few and simple Plot No. 845 was in dispute which was recorded in the basic year in the name of Orange Prasad, father of the Petitioner, whereas during the consolidation Portal Respondent Nos. 4 and 5 were found to be in possession. An objection was filed by Respondent Nos. 4 and 5 Under Section 9A(2) of the U.P. Consolidation of Holdings Act claiming to be the bhumidhar on the basis of the provisions of Section 164 of the U.P. Zamindari Abolition and Land Reforms Act, (for short Act). As Ganga Prasad, father on the Petitioner being bhumidhar transferred the possession of the land in their favors by two deeds dated 19.05.1972 and 19.06.1972 just with a view to secure payment of money advanced which may give rise to pecuniary liability and thus they were entitled to be treated as vendees subject to conditions of Sections 154 and 164 of the Act and they prayed that their names may be entered as Bhumi -dhars and the name of the Petitioner or his father may be expunged. The claim of Respondent Nos. 4 and 5 was contested by the Petitioner, who denied the aforesaid transaction and alleged that Respondent Nos. 4 and 5 were not in possession nor they were delivered possession in view of the aforesaid transaction nor they were entitled to the benefit of Section 164 of the it.
(3.) THE Consolidation Officer decided the case against the Petitioner. But the Settlement Officer (Consolidation) allowed the appeal of the Petitioner and the revision filed by respond Nos. 3, 4 and 5 was allowed by the impugned Order dated 16.02.1978, which has been challenged by the Petitioner by way of this petition.;