Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 6.1.1976, passed by Deputy Director of Consolidation, rejecting the reference made by the Consolidation Officer.
(2.) The version of the petitioner is that he was recorded in the basic year along with Respondents 4 and 5 in respect of village Cherni Rana. The petitioner and Respondents 4 and 5 entered into a compromise on 18.4.1968 and each of them were given half share. Respondents 2 and 3 filed objection before the Consolidation Officer on 18th June, 1970 claiming that they have half share and Respondents 4 and 5 also have half share. In these proceedings the petitioner was not originally impleaded as party but subsequently he was impleaded as a party. The notice was issued to the petitioner and was taken to have been served by affixation on his door. The Consolidation Officer allowed the objection on 18.8.1971.
(3.) On 6.4.1973 the Consolidation Officer made a reference to the Settlement Officer Consolidation stating that there is an order passed on 18.4.1968 on the basis of the compromise between the petitioner and Respondents 4 and 5 and another order dated 18.8.1971 in proceedings between Respondents 2 and 3 and Respondents 4 and 5 in respect of the disputed land. It was further observed that the petitioner was impleaded subsequently as a party in the objection filed by Respondents 2 and 3 but the notice was taken to have been served by affixation. The Settlement Officer Consolidation forwarded the reference to the Deputy Director of Consolidation. The Deputy Director of Consolidation by the impugned order dated 6.1.1976 has held that the notice on the petitioner shall be taken to have been served by affixation and rejected the reference made by the Consolidation Officer as forwarded by the Settlement Officer Consolidation.;