JUDGMENT Rajesh Tandon, J.- Heard Sri Alok Singh, Sr. Advocate assisted by Sri Munish Bhardwaj, learned counsel for the petitioner and Ms. Seema Sirohi, learned Standing counsel. 2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order passed by the respondent nos. 1, 2 and 3 respectively dated 19.03.2003 (Annexure-4), 30.05.2001 (filed as Annexure-3 and order dated 12.08.1999 (Annexure-I). 3. Briefly stated, according to the case of the petitioner, he has been in possession of the land Gata No. 151 from 1359 Fasli and cultivating the land for the last more than 55 years. On the date of vesting i.e. from 1952 the name of the petitioner was recorded in Khasra over the land in dispute as such he has acquired the right and title over the land in dispute. 4. Learned counsel for the petitioner has submitted that after the commencement of the consolidation proceedings in the village the petitioner was found in possession over the disputed property at the time of spot inspection. 5. The petitioner preferred his claim under Section 9-A(2) of the Consolidation of Holdings Act claiming the Bhoomidhari rights over the disputed land and has also prayed for cancellation of the allotment in favour of the respondent no. 5 by the Gram Sabha. 6. The claim of the petitioner was rejected by the Consolidation Officer vide order dated 12th August, 1999. 7. The petitioner preferred an appeal before the Settlement Officer Consolidation and the appeal was dismissed on 30th May 2001 and a revision was preferred and the revision too was dismissed on 19.03.2003. 8. Learned Standing Counsel has filed a counter affidavit. In the counter affidavit, it has been stated that the land in dispute comes under Section 132 of the U.P.Z.A. & L.R. Act, over which no rights can accrue to the petitioner. This point has never been dealt with by any of the Consolidation courts. 9. U.P.Z.A. & L.R. Act came into force on 1st July, 1952, therefore, consolidation courts are required to look into the fact as to whether the petitioner has perfected their rights on coming into force of the U.P.Z.A. & L.R. Act on the date of vesting under Sections 18 and 19 of the U.P.Z.A.& L.R. Act. Sections 18 and 19 of the U.P.Z.A. & L.R. Act read as under: "18. Sections 18 and 19 of the U.P.Z.A. & L.R. Act read as under: "18. Settlement of certain lands with intermediaries or cultivators as bhumidhars.-(l) Subject to the provisions of sections 10, 15, 16 and 17, all lands- (a) in possession of or held or deemed to be held by an intermediary as sir, khudkasht or an intermediary's grove; (b) held as a grove by, or in the personal cultivation of a permanent lessee in Avadb, . (c) held by a fixed-rate tenant or a rent-free grantee as such, or (d) held as such by- (i) an occupancy tenant, Possessing the right to (ii) a hereditary tenant, transfer the holding by sale. (iii) a tenant on Patta Dawami or Istamrari referred to in Section 17 [( e) held by a grove holder,] on the date immediately preceding the date of vesting shall be deemed to be settled by the State Government with such intermediary, [lessee, tenant, grantee or give-holder,1 as the case may be, who shall subject to the provisions of this Act, be entitled to take or retain possession as a bhumidhar thereof. (2) Every person belonging to the dass mentioned in [Section 3, or sub-section (2) of Section 3-A] of the United Provinces Agricultural Tenants (Acquisition of Privileges) Act. 1949, who has been granted the declaration referred to in section 6 or the said Act in respect of any holding or share thereof shall, unless the declaration is subsequently set aside, be deemed to be the bhumidhar of the holding or the share in respect of which the dedaration has been made and continues in force. (3) Notwithstanding anything contained in the United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949, any decoration granted under section 6 of the said Act. in favour of a tenant to whom sub-section (2) of section 10 applies shall be and is hereby cancelled and the amount deposited by him under section. 3 or 6 of the said Act shall, after deducting the amount which might have been paid or be payable by the State Government to his landholder under sections 7 and 8 of the said Act, be refunded to the person entitled in such manner as may be prescribed. "19. 3 or 6 of the said Act shall, after deducting the amount which might have been paid or be payable by the State Government to his landholder under sections 7 and 8 of the said Act, be refunded to the person entitled in such manner as may be prescribed. "19. Land in the holding to be settled the tenants thereof as sirdar.-All land held or deemed to have been held on the date immediately preceding the date of vesting by any person as (i) a tenant holding on special terms in Avadh. (ii) an ex-proprietary tenant. (iii) an occupancy tenant. (iv) a hereditary tenant, (v) a grantee at favourable rate of rent, (vi) a non-occupancy tenant of tea estate notified as such in a notification issued under sub-section (5) of Section 30 of the United Provinces Tenancy Act, 1939, (vii) a sub-tenant referred to in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939, land] (viii) [***] (ix) all land referred to in section 17 held on the said date by any person on Patta Dawami or Istamrari, shall, save in cases provided for in clause (d) of sub-section (1) section 18, be deemed to be settled by the State Government with such person, who shall subject to the provisions of this Act, be entitled, except as provided in sub section (2) of section 18, to take or retain possession as a sirdar thereof." 10. In Ram Avtar and others v. Ram Dhani and others (1997) 2 SCC 263, the Apex Court has held as under : "On a plain reading or Section l8(1) it appears that all lands in possession of an intermediary as sir or khudkasht on the date immediately preceding the date or vesting shall be deemed to be settled by the State Government with such intermediary. The High Court was of the opinion that as Smt. Phoola was in possession of the lands in question on the date immediately preceding the date of vesting, it shall be deemed to have been settled by the State Government wither in view or Section 18(1) and she had right to retain the same as Bhumidhar thereof." 11. Learned counsel for the petitioner has referred the entry of B5l) Fasli and has submitted that since he was in possession on the date of vesting, he shall be Asami of the land in dispute. Learned counsel for the petitioner has referred the entry of B5l) Fasli and has submitted that since he was in possession on the date of vesting, he shall be Asami of the land in dispute. Rule 177-A of the U.P. Z.A. & L.R. Rule. 1952. Rule 177-A is quoted below: "[177-A. All persons recorded in Khatauni 1359 E as occupiers of land (other than land mentioned in section 212). when there is no one already recorded in column 5 of the Khasra who have not acquired the rights or a sirdar in accordance with seclioir16, read with section 19 of the act. shall- (a) if the land belongs to any of the classes mentioned in section 132, be deemed to be asamis or the land Gaon Sabha liable to pay rent equal to an amount computed at hereditary rates and (h) in other cases be deemed to be sirdars liable to pay land revenue at an amount equal to the amount computed at hereditary rates. A statement showing all such persons shall be prepared in Z.A. Form 59-C and land revenue determined. The statement shall be checked by the Supervisor Kanungo and the Z.A.C. Naib-Tehsildar. When the statement has been prepared and signed by the Sub-Divisional Of ricer (arter satisfying himself about its accuracy) the necessary entries shall he made in the Register or Alterations in the jamabandhi and in the addendum. 12. As will appear from the aforesaid facts that the petitioner has been round in possession of the land from 1359 Fasli and his name was recorded as such over the land in dispute. He has also claimed Bhumidhari rights. 13. The Consolidation Officer therefore is directed to decide the objections in accordance with the provisions or U.P. Z.A. & L.R. Alt as applicable to the petitioner after taking into consideration the rights of the petitioner on the date or vesting from the evidence on the record. 14. In view of the above, a writ of certiorari is issued quashing the orders dated 19.03.2003, 30.05.2001 and 12.08.1999 passed by the respondents no. 1,2 and 3 respectively. The matter is sent back to the Consolidation Officer who shall decide the objections under Section 9-A(2) of the Consolidation of Holdings Act of the petitioner in accordance with law. 15. Writ petition is allowed. No order as to costs.