ORDER :- Writ Petition No. 439 of 1965 and Writ Petition No. 440 of 1965, in which the parties are the same, are directed against the orders of the Settlement Officer, (Consolidation) dated 25-2-64 and that of the Deputy Director of Consolidation dated 7-9-64.

2. Mr. U. K. Misra. learned counsel for the contesting respondent, has raised a preliminary objection to the maintainability of these petitions. It is urged that, as the connected writ petition no. 177 of 1965, between the same parties, challenging the validity of the aforesaid decisions of the Settlement Officer and Deputy Director of Consolidation, had already been dismissed by this Court on 28-11-69. the impugned orders have become final and these petitions in which the validity of the same order was challenged are not maintainable. Reliance is placed by the learned counsel on a decision of the Supreme Court in the case of Sheodan Singh v. Daryao Kunwar, AIR 1966 SC 1332.

3. Sri B. B. Singh, learned counsel for the petitioner, on the other hand, has contended that as the writ petition no. 177 of 1965 has not been dismissed on merits but on a technical ground, inasmuch as the opposite parties nos. 1 to 4 therein had not been

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