Hon’ble Rajan Roy, J.—Heard learned counsel for the parties.

This is a writ petition under Article 226 of the Constitution of India assailing the order passed by the Consolidation authorities Under Section 9, 11-A and 48 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as ‘’the Act of 1953) as regards the title of the petitioner viz-a-viz the private respondents which have obviously been passed in favour of the respondents.

The facts of the case in brief are that prior to start of consolidation operation a suit for partition/division of shares in respect of agricultural land in dispute was filed by the petitioners herein before the competent Court under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act 1950. It is alleged by the respondents and has been held by the Courts below that a compromise was filed between the parties on 1.3.1986 and on that very day a preliminary decree, based on such compromise, was passed as the matter was already fixed before the Court on the said date. Before further proceedings resulting in a final decree could take place, a notification under Section 4 of the Act, 1953 was issued and the proceedings befor