SALIL KUMAR RAI,J. - (1.) Heard learned counsel for the parties.
(2.) The dispute in the present writ petition as well as in the consolidation proceeding from which the present writ petition arises relates to plots included in Khata No. 79 (hereinafter referred to as, 'disputed khata'). Petitioner No. 1, respondent Nos. 2 and 3 are brothers and respondent Nos. 4 to 7 are the sons of respondent No. 2.
(3.) During the consolidation proceedings held in the village, petitioners filed objections under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') before the Consolidation Officer (hereinafter referred to as, 'C.O.') claiming themselves to be the cotenure holders of the disputed khata. The revenue records relating to the basic year reflected the name of the respondents as tenure holders of the disputed khata. The said objections were dismissed by the C.O. vide his order dated 15.3.1965. Consequently, appeal was filed by the petitioners, which was also dismissed by the Appellate Court vide its order dated 2.8.1965. Against the order dated 2.8.1965 passed by the Appellate Court, petitioners filed a Revision before respondent No. 1-Deputy Director of Consolidation, Sant Ravidas Nagar, Bhadohi, (hereinafter referred to as, 'D.D.C.'), which was numbered as Revision No. 679/1965. The said revision was allowed by the D.D.C. vide his order dated 22.12.1965 and the matter was remanded back to the S.O.C. for a fresh decision. The Assistant Settlement Officer of Consolidation (hereinafter referred to as, 'A.S.O.C.') vide his order dated 5.8.1966 allowed Appeal No. 915 filed by the petitioners. It appears that subsequently Revision No. 2109 was filed by the respondent No. 2 before the D.D.C. against the order dated 5.8.1966 passed by A.S.O.C. and the D.D.C. vide his order dated 26.8.1969 allowed the aforesaid revision filed by respondent No. 2 whereby the D.D.C. set aside the order dated 5.8.1966 passed by A.S.O.C.;