Krishna Murari, J. - (1.) Heard Sri Swaraj Prakash, learned Counsel for the petitioners.
(2.) Though the case has been taken up m he revised but no one has appeared on behalf of the contesting respondents.
(3.) The dispute relates to khata No. 58 situate in village Chakia and Khalispur, Pargana Sagri. Tehsil Sagri, District Azamgarh. The khata being ancestral, in the basic year it was recorded in the name of all the co-sharers including the petitioners, during consolidation operation an objection was filed by respondent Nos. 11 to 16 claiming rights over the plots in dispute on the basis of possession. Consolidation Officer vide order dated 19.12.1968 passed an order directing to expunge the name of the recorded tenure-holders and to record the khata in dispute in the name of respondent Nos. 11 to 16. The said order was passed by Consolidation Officer on the basis of alleged compromise between the parties. The petitioners on obtaining knowledge of the said order filed a time barred appeal. The explanation submitted for delay was that petitioner Nos. 1 and 2 are employed in Bombay whereas petitioner No. 3 was employed in U.P. State Electricity Board and they were living outside the village and as such they had no knowledge about the proceedings. It was further pleaded that they never entered into any compromise and one of the co-sharers namely, respondent No. 4 Iltaf Hussain had no right or authority to enter into a compromise on behalf of the petitioners. The appeal filed by the petitioners was dismissed by the Settlement Officer Consolidation vide order dated 16.4.1971 on the ground that the other cosharers have not challenged the order which demonstrate that the compromise entered into by lltaf Hussain respondent No. 4 on behalf of all the co-sharers was I acceptable to them and since the chaks have already carved out as such it cannot m be presumed that the petitioner did not get knowledge of the order. Revision filed by I the petitioners was dismissed on the same ground by the Deputy Director of Consolidation.;