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1968 Supreme(All) 59

L.PRASAD, G.S.LAL
Shankar – Appellant
Versus
Dy. Director of Consolidation, U. P. Lucknow – Respondent


Advocates:
Sri Hargur Charan Srivastava, for Appellant; Sri K.N. Misra, for Respondents (Nos. 3, 4 and 6).

Judgement

LAKSHMI PRASAD, J. :- This special appeal is directed against the order dated 6-7-1966 by which our brother Jagdish Sahai dismissed the appellants' petition under Article 226 of the Constitution.

2. The appellants preferred an objection under Section 9 U.P. Consolidation of Holdings Act which was decided in their favour by the Consolidation Officer by his order dated 15-5-1964. Respondents Nos. 3 to 5 preferred an appeal from that order of the Consolidation Officer and the same was dismissed on 20-6-1964 by an Assistant Settlement Officer (Consolidation). Even though the provisions of the Act as it stood prior to its amendment by U.P. Act VIII of 1963 applied to the case and as such a second appeal should have been preferred from the order dated 20-6-1964, respondents Nos. 3 to 6 preferred a revision and the same was allowed by a Deputy Director Aggrieved by the order passed in revision the appellants approached this court by a petition under Article 226 praying for the quashing of the order dated 5-1-1965 passed by respondent No. 1 mainly on the ground that it was passed without jurisdiction.

3. The petition was opposed by respondent No. 4 on whose behalf a counter affidavi


































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