JAGDISH SAHAI, J. :- This writ petition has come to us for decision on I reference made by N.U. Beg, C.J. and S.N. Dwivedi, J. By means of the writ petition it is prayed that the orders passed by the Settlement Officer, Consolidation dated 4-6-1960 and the one passed by the Deputy Director, Consolidation dated 2-11-1960 be quashed. There is also a prayer for the issue of any other writ, order or direction as this Court may, in the circumstances of the case, deem it fit and proper to issue.

2. The dispute between the parties relates to plot No. 1261/14 area .50 decimal, situate in village Shahpur, pergana Ungli, District Jaunpur. This village came under consolidation operations some time in the year 1956, Lautu, the respondent No. 4 to this petition made an application under Section 8(3) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act). The Assistant Consolidation Officer passed an order on 8-10-1957 holding that Lautu was in possession over the plot in dispute for two years next preceding the date of the application.

3. During the proceedings under Section 12 of the Act, Lautu filed an objection on 19-2-1960 before the Consolidation Officer, Lapri to the effect that he was the sirdar of the aforesaid plot, and the entry of the names of the petitioners, i.e., Abdul Wahid Khan, Maqbool Ahmad and Asrar Ahmad In the statement prepared under Section 11(2) of the Act was wrong.

4. The Consolidation Officer dismissed the objection of Lautu, the respondent No. 4, holding that the petitioners were the sirdars of the land in dispute and that Lautu had no interest in it. Lautu filed an appeal against the order of the Consolidation Officer before the Settlement Officer Consolidation, Jaunpur. The Settlement Officer, Consolidation, by means of the order dated 4-6-1960 allowed the appeal and held that Lautu had become a sirdar by virtue of the provisions of Section 210 of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the U.P.Z.A. and L.R. Act). In deciding as stated above, the Settlement Officer. Consolidation placed reliance on the order dated 8-10-1957 passed by the Assistant Consolidation Officer under Section 8(3) of the Act to the effect that Lautu was in possession of the plot in dispute for two years next preceding the proceedings under Section 8(3) of the Act. The petitioners then filed a revision application before the Deputy Director Consolidation. The Deputy Director, by means of his judgement dated 2-11-1960, dismissed the revision application. This led to the filing of the instant writ petition by Abdul Wahid and others.

5. Sections 209 and 210 of the U.P.Z.A. and L.R. Act are important for our purposes. Those provisions read :-

"209. Ejectment of persons occupying land without title. (1) A person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the time being in force, and -

(a) where the land forms part of the holding of a bhumidhar, sirdar or asami without the consent of such bhumidhar, sirdar or asami :

(b) where the land does not form part of the holding of a bhumidhar, sirdar or asami without the consent of the Gaon Sabha, shall be liable to ejectment on the suit, in cases referred to in clause (a) above, of the bhumidhar, sirdar or asami, concerned, and in cases referred to in clause (b) above, of the Gaon Sabha and shall also be liable to pay damages.

(2) To every suit relating to a land referred to in clause (a) of Sub-Section (1) the State Government shall be impleaded as a necessary party.

210. Failure to file suit under Section 209 or to execute decree obtained thereunder. If a suit is not brought under Section 209 or a decree obtained in any such suit is not executed within the period of limitation provided for the filing of the suit or the execution of the decree, the person taking or retaining possession shall -

(i) where the land forms part of the holding of a bhumidhar or sirdar, become a sirdar th