This writ petition arises out of proceeding under Section 12 of the U. P. Consolidation of Holdings Act (in short Act) for mutating the name of Smt. Saraswati.

2. The facts relevant for the purpose of present controversy are that petitioner Smt. araswati Devi applied for mutation on the basis of a sale deed dated 22-3-1979 ex ecuted by Chhotey Lal in respect of 1/4 share in plot Nos. 8437-275, 844/-272, 945/890, 846/-570, 853/-112, 952/-174 total area 2. 293 acres. There is no dispute be tween parties that Chhotey Lal by said sale deed transferred whole of his share in said holding. An objection was filed by opposite party Akchhaibar, who is a co-tenure holder with Chhoteylal, that the transfer is bad in law and sale deed cannot be given effect as no prior permission of Settlement Officer Consolidation required to be taken under Section 5 (1) (c) (ii) of the Act was obtained by transferor before executing the sale deed. The Consolidation Officer, after hearing the parties, rejected the mutation applica tion holding that the sale deed is bad in absence of prior permission of Settlement Officer Consolidation. The petitioner preferred an appeal against the order passed