K.P.Singh, J. - (1.) This writ petition is directed against the judgment of the Deputy Director of Consolidation Moradabad dated 17th July, 1973 in revision No. 862/71-72 under Section 48 of U. P. C. H. Act between Abdur Rahim and Abdul Karim.
(2.) In the basic year the disputed plots Nos. 212 and 545 were recorded in the name of Abdur Rahim petitioner. One Abdul Karim filed an objection that the property did not belong to the present petitioner Abdur Rahim and he himself claimed right therein. Alternatively he suggested that the land should be treated as the property of Goan Sabha.
(3.) The Consolidation Officer through his judgment dated 11th May, 1972 came to the conclusion that the name of the petitioner Abdur Rahim should continue over plot No. 545 and held that the petitioner Abdur Rahim would be owner of certain trees standing on the aforesaid plot, and he also held that certain trees would belong to Abdul Karim. Aggrieved by the decision of the Consolidation Officer both the parties preferred appeals and the appellate authority through its judgment dated 24th July, 1972 allowed the appeal filed by Abdul Karim and dismissed the appeal filed by Abdur Rahim, and the appellate authority came to a definite conclusion that plot no. 545 did not belong to Abdur Rahim and it had vested in the Gaon Sabha. It had also come to the conclusion that the petitioner Abdur Rahim had failed to establish his claim with regard to plot no. 212 as the aforesaid plot was in the name of public pathway. Thereafter the petitioner Abdur Rahim filed a revision petition which was partly allowed by the Deputy Director of Consolidation and the Deputy Director of Consolidation held that none of the parties would get ownership of the trees, rather the property would vest in the Gaon Sabha. Aggrieved by the decision of the Deputy Director of Consolidation the petitioner has come to this Court under Article 226 of the Constitution.;