Salil Kumar Rai, J. - (1.) Heard Sri J.P.S. Chauhan, counsel for the petitioners and Sri P.S. Pundir, counsel for respondent nos. 3 and 4.
(2.) The dispute in the present writ petition as well as in the consolidation proceedings from which the present writ petition arises relates to Plot No. 453. Respondent nos. 3 & 4 and Mahendra Singh, i.e., father of the petitioners, were brothers and son of Khasa. There is some dispute between the petitioners and the contesting respondents regarding title over the disputed plot in as much as the petitioners' claim that the disputed plot was initially allotted to their father, Mahendra Singh by the Gaon Sabha and subsequently in proceedings instituted under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950'), Mahendra Singh was declared to be the sole Bhumidhar with transferable rights of the disputed plot. However, the contention of contesting respondent nos. 3 and 4 through out has been that the disputed plot was allotted to Khasa, the father of the contesting parties and subsequently title to the disputed plot devolved on all brothers. In the background of these rival contentions, objections were filed under Section 9A-(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') before the concerned Consolidation Officer who, after taking into consideration a compromise allegedly entered into between the parties in the case instituted under Section 229-B of the Act, 1950 whereby the parties had agreed to their shares in the disputed plot, passed an order dated 17.12.2007 holding respondent nos. 3 and 4 as co-tenure holders of the disputed plot with shares as determined by the Consolidation Officer vide order of the said date. Against the order of the Consolidation Officer dated 17.12.2007, the petitioners filed appeal under Section 11(1) of the Act, 1953 reiterating their rights as the sole tenure holder of the disputed plot. Settlement Officer of Consolidation vide his judgment and order dated 5.4.2008 allowed the appeal and set-aside the order of the Consolidation Officer. A perusal of the order of the Settlement Officer of Consolidation shows that the aforesaid order was passed by the Settlement Officer relying on the decree passed in the suit instituted under Section 229-B of the Act, 1950 by Mahendra Singh, the father of the petitioners, whereby the father of the petitioners was declared to be the sole tenure holder with transferable rights of the disputed plots. However, a perusal of the order of Settlement Officer of Consolidation also shows that while deciding the dispute between the parties, the Settlement Officer of Consolidation did not consider the alleged compromise entered into between the parties in proceedings instituted through a recall application filed by respondent nos. 3 and 4 praying for recall of the decree passed under Section 229-B of the Act, 1950. Aggrieved by the judgment of the Settlement Officer of Consolidation dated 5.4.2008, respondent nos. 3 and 4 filed revision under Section 48 of the Act, 1953 which was registered as Revision No. 698 before the Deputy Director of Consolidation who vide his judgment and order dated 18.7.2008 allowed the aforesaid revision by setting-aside the judgment of the Settlement Officer of Consolidation and consequently restored the order of Consolidation Officer. The order dated 18.7.2008 passed by the Deputy Director of Consolidation has been challenged in the present writ petition.
(3.) It has been contended by Sri J.P.S. Chauhan, counsel for the petitioners that the order passed by the Deputy Director of Consolidation is a non-speaking order in as much as no reasons have been given in the same for setting-aside the order passed by the Settlement Officer of Consolidation and the said order has been passed mechanically as would be evident from the contents of the order which shows that the Deputy Director of Consolidation has not considered the reasons and the evidence referred by the Settlement Officer of Consolidation.;