B. L. Yadava, J. - (1.) This petition under Article 226 of the Constitution of India is directed against the order dated 11-4-1986 passed by the Deputy Director of Consolidation allowing the revision filed by respondent No. 3 Smt. Ramwati.
(2.) The facts of the case, in brief, were that in the basic year Shrinath son of Chhedi Singh was recorded and after his death the names of one Bhagirathi Singh, Bhaggi Singh, Sheo Bhajan Singh and Hira Singh were recorded. Under Section 9-A (2) of the U.P. Consolidation of Holdings Act (for short the Act) three objections were filed by one Bhagirath Singh claiming himself to be nephew of Sri Nath Singh, the second objection was filed by Smt. Ramawati, Respondent No. 3 claiming herself to be the daughter of Srinath Singh and the third objection was filed by the petitioner claiming to be the sister's son of Srinath Singh.
(3.) The Consolidation Officer by his order dated 1-3-1977 decided the case in favour of the petitioner holding him to be the sister's son of Srinath Singh and directed {that the names of Bhagirathi Singh etc. may be expunged. Against this order an appeal was filed which was allowed on 9-9-1977 holding that Smt, Ramawati, Respondent No. 3, is the daughter of Srinath Singh deceased. The petitioner preferred a revision which was allowed by the order dated 21-4-1979 and the case was remanded to the Consolidation officer to take evidence including that of the pradhan and some members of the Consolidation Committee and the fact may be ascertained about the heirship of Srinath deceased that the plots in dispute may not be taken by some unauthorised person. A true copy of the said order has been filed as Annexure '3' to the petition. Thereafter statements of other witnesses including the pradhan, Dbaram Pal, Shivra-khan Singh, Bhagi Dayal Singh, Turang Singh, Ram Saran Singh, Smt. Ramawati and Jogeshwar were recorded. This fact has been stated in paragraph 8 (page 68 of the paper book) in the impugned order. The appeal against the order of the Consolidation officer was again allowed by order dated 21-2-1984 and the petitioner was held to be the sister's son of the deceased Srinath Singh. Against that order the revision was filed by Respondent No. 3 and the same was allowed by the impugned order against which the present petition has been filed.;