B.L. Yadav, J. - (1.) This writ petition under Article 226 of the Constitution is directed against the order dated 16.5.1974 passed by the Deputy Director of Consolidation and the order dated 1.9.1972, passed by the Assistant Settlement Officer (Consolidation) in proceedings Under Ss. 48 and 12 of the U.P. Consolidation of Holdings Act.
(2.) The facts leading to the present petition are that on 8th July, 1969 the Petitioner executed a sale -deed to the extent of half share is his chak No. 114 in favour of his son Khuchun, whereas the remaining half was sold is favour of Dukharan, Respondent No. 3, who made application Under Sec. 12 of the Act for mutating his name over the share sold to him,
(3.) The Petitioner filed an objection to the application of Respondent No. 3, stating that the sale -deed was not valid and that 20 times rental was not deposited to acquire Bhumidhari Sanad nor the permission of the Settlement Officer (Consolidation) was obtained before executing the sale -deed and that the execution of the sale -deed would amount to fragmentation of holding and the same was hit by Sec. 168A of the U.P. Zamindari Abolition and Land Reforms Act (for short the Act) and was liable to be dismissed.;