Sudhir Narain, J. - (1.) This writ petition is directed against the order of the Dy. Director of Consolidation, Ballia dated 25.2.1983. The dispute between the parties relates to the plots of several khatas initially. In the present writ petition, however, the dispute relates to plots of khata Nos. 165, 162, 152 and 43 only of village Tirnai Maula Rai, Pargana Sikandarpur Garvi, tahsil Rasra, district Ballia.
(2.) During consolidation proceeding petitioners filed objection under Section 9-A of the U.P. Consolidation of Holdings Act. The Consolidation Officer by his order dated 29.7.1976 dismissed the objection of the petitioner regarding khatas in dispute. Petitioners filed an appeal against the said order before the Settlement Officer Consolidation, Ballia. The Settlement Officer Consolidation, Ballia by its order dated 21.2.1981 allowed the appeal and remanded back the case to the Consolidation Officer, Ballia with further direction to the parties to adduce evidence. Against this order the contesting respondents filed revision before the Dy. Director of Consolidation, Ballia. The Dy. Director of Consolidation, Ballia by its impugned order dated 25.2.1983 set aside the order of the Settlement Officer Consolidation, Ballia and decided the case on merit.
(3.) I have heard Sri A.K. Misra, learned counsel for the petitioners, Sri Sankatha Rai and Sri S.N. Singh, learned counsel for the respondents. Learned counsel for the petitioners contended that the revision is not maintainable before the Dy. Director of Consolidation against the order of remand inasmuch as it was only an interlocutory order. It has further been submitted that while considering the validity of the remand order the scope of Section 48 of the aforesaid Act was limited.;