Shitla Prasad Srivastava, J. - (1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order dated 29th August, 1973 (incorrectly typed as 19.8.1973) 20th October. 1972 and 30th November, 1970, passed by the Deputy Director of Consolidation and Consolidation Officer respectively.
(2.) The brief facts as stated in the writ petition for the purpose of the present case are that the disputed plots pertaining to Khata No. 105 of village Kusumhi. Tehsll Bansi, district Basti was recorded in the basic year khatoni in the name of the petitioner as sirdar. Respondent No. 4, namely, Mahant Harihar Das filed an objection under Section 9 of the U. P. Consolidation of Holdings Act claiming plot in dispute on the allegations that they were his khudkast plots before the date of vesting and after the date of vesting, he is in possession over the same as bhumidhar. The claim of the respondent No. 4 was contested by the petitioner on the ground that the disputed plot Nos. 548, 952. 953, 922/1 and 922/6 were never khudkast plots of respondent No. 4. Plot Nos. 548, 952 and 953 were recorded as banjar prior to the date of vesting and plot Nos. 922/1 and 922/6 were recorded as hereditary tenancy of one Risiyawan and the petitioner claimed these plots on the basis of possession and the remaining plots were claimed by the petitioner on the ground that they were let out to him before the date of vesting and the petitioner claimed hereditary tenancy before the date of vesting and after the date of vesting became sirdar and remained in possession throughout.
(3.) Second set of objection was filed by respondent No. 5 Bhikhari claiming plot No. 922/5 and respondent No. 6 filed objection claimed plot No. 922/6 and respondent No. 7 and others claimed different plots. The petitioner' contested the claim of the objectors.;