PRAKASH KRISHNA, J. - (1.) CHALLENGING the remand order dated 11.6.2003 passed by the Deputy Director of Consolidation, Kanpur, Camp Hamirpur in revision No. 40/1575, the present writ petition has been filed.
(2.) AFTER passing of the impugned or­der, the father of the petitioners Mangal who was contesting the proceedings ex­pired and the present writ petition has been filed by Sheikh Natthi, and Sheikh Zahoor, sons of Mangal (deceased). The father of the petitioners claimed Bhumidari rights over Plot No. 159/1 area 1.84 Acres, 159/4 area 0.19 Acres and 585/2 area 0.26 Acres situate at Village Bhamaura Tehsil Maudaha District Hamirpur. During the consolidation op­eration, an objection was filed by the con­testing respondent No.2 in respect of the aforesaid plots.
(3.) THE case of the contesting respon­dent No. 2 was that he is a disabled person since birth and therefore, has become sirdar and after the abolition of Zamindari he has become Bhumidar of the land in question. The parties led evidence in support of their respective cases. The Consolidation Officer by the order dated 21.12.1988 rejected the objection filed by the contesting respondent No. 2. The said order was challenged un­successfully in Appeal No. 205/292 before the Settlement Officer of Consolidation, Hamirpur. Being dissatisfied with the or­ders of the Consolidation Officer and of the Settlement Officer of Consolidation as well, a Revision No. 40/1575 was filed before the Deputy Director of Consolidation who has passed the impugned order allowing the revision and restored back the matter to the Settlement Officer of Consolidation. The said order is under challenge.;