DEVENDRA KUMAR UPADHYAYA, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) Under challenge in this petition is the order dated 31.12.2018 passed by the Deputy Director of Consolidation, who while allowing the revision petition filed by the respondent no.2-Raj Bahadur filed against the order dated 02.11.2011 passed by the Consolidator under Section 6-A of U.P. Consolidation of Holdings Act, has set-aside the said order and has remitted the matter to the Consolidation Officer to decide it afresh under Section 9-A(2) of the Act read with the provision of Rule 26 of U.P. Consolidation of Holding Rules.
(3.) Submission of learned counsel for the petitioner is that the petitioner's name was ordered to be recorded by the Consolidator under Section 6-A of the Act by means of the order dated 02.11.2011 for the reason that it was a case of undisputed succession. He has further stated that in the proceedings under Section 8 of the Act, the respondent no.2 even admits that the petitioner is co-sharer to the extent of 1/4th share. Thus, it is clear that the order under Section 6-A in favour of the petitioner on 02.11.2011 was passed by the Consolidator before the stage of Section 8 of the Act.;