- (1.) Heard Sri R.P.Yadav, learned counsel for the petitioner, learned Standing Counsel appearing for the State -respondents, Sri S.K.Yadav, learned counsel for respondent no.3 and Sri J.A.Azmi, learned counsel for respondent no.4. By means of the present writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 19.3.2012 passed by the Deputy Director of Consolidation, Azamgarh (in short DDC) in Revision No. 709 ((Shiv Chand vs. Budhiram and others) as modified on 3.4.2012.
(2.) The aforesaid order was challenged on number of grounds and on the date of admission this Court after hearing the learned counsel for the petitioner, Sri M.N.Singh, learned counsel for the Gaon Sabha and Sri S.K.Yadav, learned counsel for respondent no.3 issued notice to respondent no.4. After the aforesaid order Sri J.A.Azmi, learned counsel has put in appearance on behalf of respondent no.3. None of the respondents has filed counter affidavit. However, learned counsel for respondents nos. 3 and 4 submitted that they do not propose to file counter affidavit and this writ petition may be heard and decided finally on the basis of the averments made in the writ petition. With the consent of the learned counsel for the parties the writ petition is taken up for final disposal.
(3.) As would appear from the record that vide order dated 19.3.2012 the DDC has decided seven Revisions by a common order including the revision filed by Shiv Chand, respondent no.3 which was partly allowed. The revision was filed against the order dated 6.9.2010 passed by the Settlement Officer Consolidation (in short SOC). The petitioner not was affected by the order dated 19.3.2012. However, later on Shiv Chand has filed modification application for modifying the order dated 19.3.2012. The said application was allowed vide order dated 3.4.2012. For convenience the order dated 3.4.2012 is reproduced herein below: ...[VERNACULAR TEXT OMITTED]... ;