Hon’ble Sudhir Agarwal, J.—This writ petition under Article 226 of the Constitution of India has been filed challenging order dated 29.7.1976 passed by Consolidation Officer (hereinafter referred to as the “CO”) and 30.5.1977 passed by Deputy Director of Consolidation (hereinafter referred to as the “DDC”).

2. Dispute relates to plots No. 103/2 (area 0.15), 158 (area .18), 163 (area .11), 173 (area-12) and 186 (area -12), situate in Village Piyari, Pargana Katehar, District Varanasi.

3. Petitioners filed objection under Section 9 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the “Act, 1953”) claiming co-tenancy rights in disputed plots. They claim half share in aforesaid plots. It is said that Dukkhi-respondent No. 4 (now deceased and substituted by legal heirs) in his statement under Section 9A(2) of Act, 1953 stated that Shiv Kumar and Ram Kumar were also ancestors of parties and on their death plots held by them were inherited both by Dhautal and Mannu. He also admitted that Mannu was eldest among the sons of Dhautal.

4. CO, however, vide or