Vikramnath, J. - (1.) Heard Sri M.M. Sahai, learned Counsel for the petitioner and Sri. P.N. Ojha, Advocate appearing for the private respondents and also perused the material on record.
(2.) This petition is filed assailing the correctness of the orders passed by the Deputy Director of Consolidation, Ballia dated 28.10.1992, 8.12.1992 and 12.3.1993. Vide order dated 28.10.1992 the Deputy Director of Consolidation by a nonspeaking order approved the reference proposed by the Settlement Officer Consolidation under the provisions of section 48 (3) of the U.P. Consolidation of Holdings Act (hereinafter called as the Act). The petitioner filed an application for the recall of the said order on the ground of lack of opportunity, which was rejected on 8.12.1992. Subsequently another application filed by the petitioner was also rejected vide order dated 12.3.1993.
(3.) From the perusal of record it appears that Appeal No. 1085 was filed by the respondent No. 3 and others before the Settlement Officer Consolidation against the order of the Consolidation Officer dated 12.7.1990. The Settlement Officer Consolidation passed an interim order dated 17.7.1991 whereby he stayed the operation of the order of the Consolidation Officer dated 12.7.1990. Further based upon the said interim order the Settlement Officer Consolidation made a reference to the Deputy Director of Consolidation under section 48(3) of the Act. The Deputy Director has accepted the reference vide order dated 28.10.1992.;