SALIL KUMAR RAI,J. - (1.) Heard learned counsel for the petitioner and Sri Indramani Kushwaha, learned counsel for respondent nos. 5 and 6 as well as learned Standing Counsel, who represents respondent nos. 1 to 4.
(2.) The present writ petition has been filed praying for writ of certiorari quashing the orders dated 10.4.2003, 23.9.2002 and 27.12.1997 passed by Deputy Director of Consolidation, District Budaun, Settlement Officer of Consolidation, District Budaun and Consolidation Officer, Wazirganj, District Budaun i.e. respondent nos. 2, 3 and 4, respectively.
(3.) The facts of the case are that during the consolidation operation in the village, respondent nos. 5 and 6 filed an objection before respondent no. 4 praying that their names may be recorded on the disputed property i.e. plot no. 667 situated in village Mohammadpur, Tehsil Bisauli, District Budaun as their father Narain was a co-sharer of the said plot along with Mohan Lal and both of them had half share in the disputed property. On the aforesaid objection of respondent nos. 5 and 6, case No. 895/1997-98 was registered before the Consolidation Officer i.e. respondent no. 4. It has been stated in the writ petition that the petitioner, Surajpal Singh, purchased the disputed property from Mohan Lal through a registered sale deed dated 12.2.1988. The petitioner and his predecessor in interest, Mohan Lal, contested the aforesaid case denying the right of Narain and consequently respondent nos. 5 and 6 over the disputed plot claiming that they were sole owner of the disputed plot as the same was purchased by Mohan Lal in auction proceedings and subsequently the petitioner purchased the disputed plot from Mohan Lal on the basis of registered sale deed which was executed after approval from the Settlement Officer of Consolidation. The respondent no. 4 vide his order dated 27.12.1997 allowed case No. 895/1997-98 and held that Narain and consequently the respondent nos. 5 and 6 had half share in the disputed plot as Narain and Mohan Lal were co-owners of the disputed plot. Against the order of the Consolidation Officer dated 27.12.1997, Mohan Lal filed an appeal before respondent no. 3 under Section 11 (1) of the Uttar Pradesh Consolidation of Holdings Act, 1953 which was registered as appeal No. 84 and the petitioner also filed an appeal which was registered as appeal No. 85. The said appeals were dismissed by a common order by respondent no. 3 vide its judgment and order dated 10.6.2002. Against the judgment and order dated 10.6.2002 passed by respondent no. 3, the petitioner and Mohan Lal filed revisions under Section 48 of the Act before respondent no. 2. The revision filed by the petitioner was numbered as Revision No. 793 and revision field by Mohan Lal was numbered as 794. The respondent no. 3 vide his order dated 10.4.2003 dismissed the aforesaid revisions filed by the petitioner and Sri Mohan Lal.;