B.L.Yadav, J. - (1.) THE present petition under Article 226 of the Constitution of India is directed against the order dated 13 -12 -74 passed by the Deputy Director of Consolidation, Varanasi. The Petitioner has prayed for a writ of Certiorari quashing the impugned order dated 13 -12 -74.
(2.) THE facts of the case are few and simple. In the basic year plot Nos. 5, 6, 7 and 617 were in dispute. These plots were entered in the basic year in the name of the Petitioners. Father of Respondent Nos. 8 to 13 Ambika Prasad and father of Respondent Nos. 3 to 7 Mahavir were entered in Column 7 of the Khatauni, which obviously means as mortgagee. The Petitioners filed an objection under Section 9 -A(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) with the allegations that the entries in the name of Respondents were incorrect and fictitious, hence they may be expunged. Respondents denied the claim of the Petitioners and alleged that they were bhumidhars and the plots were mortgaged with their ancestors and the ancestors of the Petitioners did not file a suit for redemption of the mortgage within sixty years. Hence their rights came to an end and the Respondents acquired bhumidharl rights and they prayed to be recorded as Bhumidhars,
(3.) THE Consolidation Officer by his order dated 3 -1 -66 decided the case in favour of the Respondents and the Settlement Officer Consolidation by his order dated 25 -10 -68 allowed the appeal of the Petitioners. The revision of the Respondents under Section 48 of the Act was allowed by order dated 15 -5 -70. It is against this order that the present petition has been filed.;