Ram Surat Ram (Maurya), J. - (1.) Heard Sri Pankaj Gupta, holding brief of Sri R.N. Gupta, for the petitioners and Sri Sudhakar Mishra, for the heirs of respondent-2.
(2.) The writ petition has been filed against the order Joint Director of Consolidation dated 23.09.1985, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties relates to plots 38 (area 6 biswa), 40 (area 7 biswa), 43 (area 15 biswa) and 44 (area 14 biswa) recorded in basic consolidation year khata-48 of village Naupur, pargana Gaurajamo, district Sultanpur, recorded in the name of Rafi-Ullah (now represented by the petitioners). Shami-Ullah (respondent-2) filed an objection, claiming co-tenancy of 1/2 share in the land in dispute. This objection was consolidated along with other cases between the parties. Consolidation Officer, by his order dated 12.03.1980 allowed the objection of respondent-2 and held his 1/2 share in the land in dispute. Rafi-Ullah filed an appeal (registered as Appeal No. 122) from the aforesaid order, which was allowed by Settlement Officer Consolidation by order dated 16.06.1980 and the case was remanded to Consolidation Officer for fresh decision, after giving opportunity of hearing and evidence to the parties. After remand, Consolidation Officer dismissed the objection of respondent-2 by order dated 11.03.1981.;