D.N. Jha, J. - (1.) THE Petitioners have filed this petition under Article 226 of the Constitution praying for quashing of the order dated 30 -7 -1970 contained in Annexure 1.
(2.) THE brief facts of the case are that there was a dispute between the Petitioners and the opposite parties 2 to 7 with respect to khata No. 297 on the basis of an objection by the Petitioners with respect to an area consisting of 2 Bighas 15 Biswas and 10 Biswansis out of the total area of the disputed Khata which consisted of 34 Bighas and 11 Biswas. The Assistant Consolidation Officer brought about reconciliation vide his order dated 23 -2 -1967. This reconciliation was challenged by an appeal before the Settlement Officer (Consolidation) which was allowed on 19 -2 -1968. The opposite parties preferred a revision before the Deputy Director of Consolidation but the same was dismissed vide order dated 19 -2 -1969 and the case was remanded to the Consolidation Officer for disposal of the objections on merits. On remand order having been maintained the Consolidation Officer proceeded to dispose of the objection. At this stage the Petitioner filed an objection dated 10/12th November, 1967 claiming sirdari rights over whole of the Khata No. 297. These objections were dismissed by the Consolidation Officer on 23 -11 -1967. Against this order Sultan and others filed an appeal no 4043. In this appeal on behalf of the opposite parties it has been stated that apart from these objections being time barred, and they not having been preferred before the Assistant Settlement Officer (Consolidation) were not maintainable. The said appeal preferred by the Petitioners, however, was not pressed by their learned Counsel and it was dismissed by the Settlement Officer (Consolidation) on 19 -2 -1968 on the ground that the appeal was not pressed. It may be mentioned that against this order neither any revision was filed nor any writ petition was preferred by the Petitioner. In the circumstances the order dated 23 -11 -1967 became absolute by means of which the claim of the Petitioner with respect to whole of the khata No. 297 had been rejected. When the Consolidation Officer in pursuance of the earlier order passed by the Deputy Director of Consolidation was proceeding to consider the matter on merits, another objection dated 24 -12 -1969 was filed by the Petitioners setting up the same claim with respect to the whole of the Khata No. 297. This time the Consolidation Officer allowed the objections vide his order 22 -6 -1970. It was against this order of the Consolidation Officer that the opposite parties preferred a revision and the Deputy Director of Consolidation vide his order dated 30 -7 -1970 allowed the revision (This Is Annexure 1) and ordered that the order dated 22 -6 -1970 of the Consolidation Officer he quashed, entertaining fresh objections dated 24 -12 -1969 of the opposite parties which aim at enlarging the scope of the dispute. The Petitioners feeling aggrieved have come up before this Court by means of the present petition. The petition has been contested and the facts stated above have been brought out chronologically in the counter affidavit and an effort has been made to support he order being legal, just and proper.
(3.) I have heard the learned Counsel for the parties.;