- (1.) Heard Sri M.N. Singh for the petitioners and Sri Jeevan Prakash Sharma for the caveator.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 27.6.2016 dismissing the revisions of the petitioners and directing the Consolidation Officer to decide the case on merit after hearing the parties within a period of one month.
(3.) The dispute under Section 9 of U.P. Consolidation of Holdings Act, 1951(hereinafter referred to as "the Act") is pending before Consolidation Officer. It is alleged that both parties have exchanged their written arguments after completion of their evidence. However, Presiding Officer being not available the matter could not be concluded and thereafter from 25.5.2009 the case was listed for delivery of order and ultimately the order was delivered on 22.9.2009 on merit. Against the order dated 22.9.2009 respondents-4 and 5 filed a recall application. Consolidation Officer by order dated 11.7.2012 allowed recall application of respondents-4 and 5 and the recall application of Smt. Rampa Devi was dismissed and order dated 22.9.2009 was set aside against the petitioners and their objections were restored for being decided afresh. The petitioners filed an appeal against the order dated 11.7.2012 before Settlement Officer Consolidation, who by order dated 30.4.2015 dismissed the appeal of the petitioners only on the ground that revision of Smt. Rampa Devi against the order dismissing her recall application has been allowed and the matter has been remanded to Consolidation Officer, as such the appeal has become infructuous. The petitioners filed a revision against the aforesaid order, which has been dismissed by the Deputy Director of Consolidation by order 27.7.2016. hence this writ petition has been filed.;