B.N.Nigam, J. - (1.) Kali Din has filed this petition under Article 226 of the Constitution praying, for a writ of certiorari quashing the order dated October 21, 1963, copy being Annexure 3, the order dated February 20, 1964, copy being Annexure 5 and the order dated Jury 15, 1964 copy being Annexure 7 as well as the consolidation form No. 5, copy being Annexure 1.
(2.) In the petition I have heard the learned counsel for the parties.
(3.) The petitioner states that he is a sirdar and is in possession of plot No. 475/4 in village Chhajlapur, Pargana, Tahsil and District Rae Bareli. He was recorded as such in the basic record for the consolidation operations. C.H. Form No. 5 was published in the village on July 31, 1963. Neither the petitioner nor opposite party No. 5 preferred any objection. On October 21, 1963, however, opposite party No. 5 filed a compromise deed under Section 9(2) of the U.P. Consolidation of Holdings Act. The Assistant Consolidation Officer passed an order on the basis of the so-called compromise and ordered that opposite party No. 5 be recorded as trespasser over plot No. 47514. The petitioner preferred an appeal. The appeal was dismissed. Opposite party No. 5 preferred a second appeal against the order dated October 21, 1963. Opposite party No. 2 dismissed the appeal of the petitioner and allowed the appeal of opposite party No. 5. The petitioner thereupon moved the Director of Consolidation but to no avail.;