ORDER

S.N. Dwivedi, J. - One Smt. Angni was the sirdar of some plots. Smt. Partabi, the second Respondent and Smt. Matabi the Petitioner are her daughters. Smt. Sheopatti is the daughter of Smt. Partabi.

2. On August 2, 1963 Smt. Angni made an application for acquisition of Bhumidhari rights. The same day she deposited the requisite amount for acquisition of the said rights. On August 6, 1963 she executed a gift-deed of the aforesaid plots to Smt. Sheopatti. On October 31, 1963 the Tahsildar passed an order for issue of a certificate of bhumidhari in favour of Smt. Angni. On June 7, 1964 she passed away. On May 6, 1965 a certificate was issued in her name granting bhurnidhari rights.

3. Before the consolidation authorities there was a dispute about succession to her interest in the holding. Smt. Matabi claimed a half share in the holding by virtue of her being a daughter; on the other hand, Smt. Sheopatti claimed the entire holding by virtue of the gift deed. Smt. Matabi asserted that the certificate granting bhumidhari rights having bean issued on May 6, 1965 after the death of Smt. Angni on June 7, 1964. Smt. Angni was not a bhumidhar on August 6, 1963 when she executed the gift deed and that accordingly Smt. Sheopatti was not entitled to any share in the holding. In revision, the Deputy Director, Consolidation negatived her claim and held that Smt. Sheopatti was entitled to the entire holding by virtue of the gift deed. His decision is impugned in these writ petitions.

4. Section 134 of the UP ZA and LR Act, (hereinafter called the Act) provides that if a sirdar pays to the Government a certain amount, he shall, upon an application in that behalf, be entitled, with effect from the date on which the amount has been deposited, to a declaration that he has acquired the rights mentioned in Section 137. Section 137(i) provides that if the appropriate authority is satisfied that the Applicant is entitled > to the declaration mentioned in Section 134, he shall "grant a certificate to that effect." Sub-section (2) is material for our purpose in this case. It reads materially:

Upon the grant of the certificate, Under Sub-section (1) the sirdar shall, from the date on which the amount referred to in Sub-section (1) of Section 134 has been deposited,

(a) become and be deemed to be a bhumidhar of the holding or the share in respect of which the certificate has been granted....

Section 137-A provides for the cancellation of a certificate "granted u/s 137" in certain circumstances. Section 331(3) provides for a first appeal against any final order passed by a court mentioned in column No. 4 in the proceedings mentioned in column No. 3 of the Second Schedule to the Act. Item No. 6 of the Second Schedule mentions Section 134. A first appeal lies from the order of the Assistant Collector granting or refusing a certificate to the Commissioner.

5. Ch. VIII of the UPZA and LR Rules deals with acquisition of a certificate or bhumidhari rights. I shall mention only some of the relevant rules from Ch. VIII. Rule 118(4) provides that where the Assistant Collector is satisfied that the Applicant is entitled to a declaration, he shall, "grant a declaration to that effect." Rule 118(5) provides that before the grant of a declaration the Assistant Collector shall satisfy himself that the entries in columns 1 to 8 of ZA Form 50 and ZA Form 51 have bean made. Entries in column 9 and the signature in column 10 will be made "at the time of issuing the declaration." Rule 119 provides that declaration shall in the case of payment in lump sum be made on ZA Form 52; in the case of payment in instalments on ZA Form 53. The forms of declaration would be kept in bound volumes in the custody of the officer "authorised to issue them" and before a declaration "is issued" entries in the counterfoils shall be completed and initialled by the Assistant Collector. Rule 120 provides that as soon as a declaration has been granted the Assistant Collector shall direct that an entry