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SATISH CHANDRA
Gopi Singh – Appellant
Versus
Deputy Director of Consolidation – Respondent
ORDER
Satish Chandra, J. - This is a petition Under Article 226 of the Constitution. It prays that the order of the Settlement Officer dated 15-11-1966 and of the Deputy Director, Consolidation dated 17-3-1966 be quashed.
2. During proceedings under the UP Consolidation of Holdings Act Respondents 4 to 8 filed objections claiming co-tenancy rights in the plots in dispute. The Consolidation Officer by his order dated 25-8-1965 allowed the objections. The Petitioners thereupon went up in appeal to the Settlement Officer, Consolidation. At the hearing of the appeal the Respondents raised a preliminary objection that the appeal was not maintainable because the village had been subjected to the notification u/s 52 of the UP Consolidation of Holdings Act, 1953 which was published on 22-5-1965, a date when the proceedings were pending before the Consolidation Officer and when the appeal had not even been instituted. This objection prevailed and the appeal was deposited as being beyond jurisdiction. The Petitioners thereupon went up in revision to the Deputy Director Consolidation. There also he met the same fate. The Deputy Director held that he had no jurisdiction to decide the revision be
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