Hon’ble Ashok Bhushan, J.—Heard Sri Rahul Sahai, learned Counsel for the petitioner and Sri Sanjay Singh, learned Counsel appearing for the contesting respondent No. 2.

2. By this writ petition, the petitioner has prayed for quashing the order dated 13.2.2008, passed by the Deputy Director of Consolidation, Ballia holding the revision filed by the respondents against the order dated 27.9.2007 of the Settlement Officer, Consolidation as maintainable.

3. Brief facts of the case necessary to be noted for deciding the issue raised in the writ petition are; an objection under Section 9-B of the U.P. Consolidation of Holdings Act, 1953 was filed by the respondent No. 2 praying that plot No. 603/1 area 40 Are be kept out of consolidation after condoning the delay in filing the objection. The Consolidation Officer passed an order dated 18.1.2005 condoning the delay in filing the objection directing plot No. 603/1 area 40 Are be kept out of consolidation. Against the order passed by the Consolidation Officer, an appeal was filed by the petitioner before the Settlement Officer Consolidation. The Settlement Officer, Consolidation by order dated 27.9.2007 allowed the appeal and set asi