( 1 ) THIS writ petition has been filed by the petitioner for quashing the order dated 23. 8. 2000, passed by respondent No. 1, which has been filed as Annexure-12 to the present writ petition, and further prayer has been made to issue a direction that alleged claim of respondent Nos. 5 and 6 in respect of property in question based on mortgage deed dated 2. 2. 1974 is not maintainable being barred by Section 49 of the U. P. Consolidation of Holdings Act. The other prayer has been made for issue of ad interim mandamus staying the operation of the impugned order of the respondent No. 1 dated 23. 8. 2000 including dispossession of the petitioner from the property in question.

( 2 ) SRI N. B. Tewari, learned counsel for the respondent has raised a preliminary objection that the present writ petition is not maintainable as it has arisen out of the proceedings under Section 34 of the Land Revenue Act. His submission is that this Court has taken a view in a case in Smt. Rani Devi v. Board of Revenue, 1999 RD 633, that the writ petition against order passed in the proceedings arising out of mutation case is not maintainable. He has further submitted that mutation