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

2. These are writ petitions under Article 226 of the Constitution of India challenging an order dated 31.3.1986 passed by the Deputy Director of Consolidation (hereinafter referred to as ‘the DDC’) under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as ‘the Act, 1953’) upturning the judgments of the Settlement Officer Consolidation and the Consolidation Officer which were in favour of the petitioners and ruling in favour of Shri Shanti Swaroop.

3. Writ Petition No. 5049(Cons.) of 1986 has been filed by Satish Kumar whose legal heirs have been substituted in his place and the other Writ Petition bearing No. 2843(Cons.) of 1986 has been filed by the persons who purchased the land in question from him. Shri Shanti Swaroop is respondent in both the writ petitions.

4. The facts of the case in brief are as under :

The land in question bearing Gata No. 221 situated at Village-Chandibhanpur. It is an admitted fact that the land in question alongwith other lands in other villages including village Bhanpur was recorded in the name of common ancestor Shri Jagannath Prasad from whom it devolved upon