S.K.SINGH, J. - (1.) HEARD Sri Ashwani Kumar Misra, learned Advocate in support of this petition and Sri V.K.S. Chaudhary, learned, Seniors Advocate assisted by his colleague for the respondents' side.
(2.) PROCEEDINGS are under section 9-A (2) of UPCH Act which is in respect to ad­judication of dispute of title/right between the parties. For disposal of writ petition, no­tice of facts in brief will be required.
(3.) LAND in dispute was recorded in the basic year records, in the name of Raghubir, Battak and Bandhui. An objec­tion was filed by the petitioners claiming their share to the extent of 5/6th and the share of Bandhui as 1/6th. Before the start of consolidation proceedings, there hap­pened to be a sale deed by Bandhui dated 5.1.1959 in respect to 1/2 share/right in respect to which, suit for cancellation of sale deed was filed in the Civil Court being O.S. No. 19 of 1959, which was decreed by the Trial Court on 4.1.1963 and share of petitioners' side was accepted as 5/6. Ap­peal filed by defendant was dismissed on 16.10.1963, but thereafter, second appeal filed by defendants' side was abated due to intervention of consolidation process in the village. In the consolidation proceedings, from the side of respondents, statement of only Bandhui, was recorded. Khatauni ex­tracts of 1334, 1356, 1359, 1362 and 1363 Fasli besides Kutumb Register of the year 1955 and the Voter List of the year 1965 are on record. Apart from revenue extracts, voter list/kutumb register, the judgment of Civil Court of the suit referred above was also filed. Consolidation Officer and the Settlement Officer, Consolidation allowed petitioners' claim/objection and accepted their rights as 5/6 and the rights of respondents was accepted as 1/6. On filing revi­sion, the Deputy Director, Consolidation reversed the findings of two Courts below and varied the share. Thus, petitioners have come up to this Court by filing present writ petition.;