RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Vinod Shankar Tripathi, for the petitioners and Sri Ram Das Yadav, for the caveators.
(2.) The writ petition has been filed against the orders of Consolidation Officer, dated 19.06.2014, Settlement Officer Consolidation, dated 13.08.2014 and Deputy Director of Consolidation, dated 28.03.2016 and 19.05.2016, passed in restoration application in the proceeding under Section 9 -A of U.P. Consolidation Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties is in respect of their share in plot 1054 recorded in basic consolidation year khata 102 of village Nariyawal, pargana and district Bareilly. It is alleged that dispute was decided by Assistant Consolidation Officer by his order dated 27.05.1990. Shamshad Ali and others filed an appeal from aforesaid order, which was allowed by Settlement Officer Consolidation by order dated 17.08.1999 and he set aside the order of Assistant Consolidation Officer and remanded the matter to Consolidation Officer for trial on merit. Two revisions were filed against aforesaid order, which were allowed by Deputy Director of Consolidation, by order dated 04.10.2011 and basic year entry of the names of Nisar Ali Khan and Mohabbe Ali Khan was maintained. Shamshad Ali and others filed Writ B No. 61135 of 2011, against this order, in which initially interim order dated 20.10.2011 was granted. Later on, writ petition was dismissed for want of prosecution under Chapter XII Rule 4 of High Court Rules on 14.12.2011. By order dated 02.04.2012, writ petition was restored to its original number. But thereafter, writ petition was dismissed as not pressed by order dated 26.07.2013.;