JUDGMENT [Hon’ble B.S. Verma, J. (Oral)] Heard learned counsel for the parties. 2. On 29-8-20 12, this Court had directed that Consolidation Officer concerned to appear in person before this Court on 10-9-2012 along with the record either himself or to send some responsible Assistant Consolidation Officer along with the record. 3. Today, Mr. Tikam Singh Chauhan, Incharge S.O.C. Haridwar, Mr. Anil Kumar, Assistant Consolidation Officer, Mr. Kalika Yadav, consolidator and Mr. Pramod Kumar, Consolidation Lekhpal are present in person along with record. 4. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 27.8.1998 (Annexure-4 to the petition) passed by Assistant Director of Consolidation, Muzaffarnagar-respondent no.1, who set aside the order dated 4.11.1989, whereby the area was recorded as per settlement entry. The order dated 4.11.1989 was passed by the Assistant Consolidation Officer regarding plot no. 171 of village Kota Muradnagar and it was directed that area of plot no. 17 1/1/2 be entered 1 Bigha instead of 1 Bigha 10 Biswa. 5. Earlier, the Joint Director of Consolidation, Saharanpur, Camp Roorkee by his order dated 15-5-1995 passed in Reference No. 195 under Section 48(3) of the U.P. Consolidation of Holdings Act (for short the Act)had accepted the said reference made by the Settlement Officer Consolidation. 6. Briefly stated the facts giving rise to the present writ petition are that, according to the petitioners, the recorded settlement area of plot no. 171 was 2 Bigha, 12 Biswa and the entry existed in the name of the petitioners and they continued to be the tenure holder and in possession thereof; that the plot was wrongly divided in two sub divisions i.e. plot no. 17 1/1 area 1 Bigha and the remaining area of plot no. 11 Biswa and plot no. 171/2 area 0-1-0 was shown as Matrup. 7. The grievance of the petitioners is that there is no order passed by any authority whatsoever in the records or in any proceedings for entering the aforesaid area of plot no. 171/1 and 171/2 to be entered as Matrup. 8. According to the petitioners on 26-5-1993, the Consolidation Officer Roorkee passed an order in Case No. 5091 to the effect that the settlement area of plot no. 171 be recorded on the basis of Field Book as 171/1 2 Bigha, 1 Biswa and 171/2 1Biswa and the record be corrected. 171/1 and 171/2 to be entered as Matrup. 8. According to the petitioners on 26-5-1993, the Consolidation Officer Roorkee passed an order in Case No. 5091 to the effect that the settlement area of plot no. 171 be recorded on the basis of Field Book as 171/1 2 Bigha, 1 Biswa and 171/2 1Biswa and the record be corrected. On the basis of this order, the Consolidation Officer made a reference to the S.O.C. The reference was sent by the S.O.C. on 15-3-1995 to the Joint Director of Consolidation, Saharanpur, Camp Roorkee. Ultimately, the reference was accepted by order passed on 15-5-1995. 9. Thereafter, a recall application has been filed by the respondent nos. 3, 4 and 5. The recall application was allowed by order dated 6.6.1996 holding that the reference order dated 15-5-1995 was an ex parte order. 10. Thereafter, the reference was heard by the Assistant Director of Consolidation, Muzaffarnagar, Camp Roorkee, who after hearing both the parties has ultimately rejected the reference and the order dated 4.11.1989 passed by the Consolidation Officer was recalled on the ground that it is doubtful whether the settlement area of plot no.17 1 was 2 Bigha, 12 Biswa or 1 Bigha, 12 Biswa. 11. Learned Assistant Director of Consolidation-respondent no.1 has given a finding that the area of plot no. 172 is 1 Bigha, 2 Biswa and that total area of two plot nos. 171 and 172 is 2 Bigha, 12 Biswa, while by the order of the Consolidation Officer under reference the area of plot no. 171 alone has been shown to be 2-12-0, thereby the area of plot no. 172 has also been included. 12. I have perused the original record brought by the Consolidation officials. The settlement area of plot no. 171 is recorded 2 Bigha, 12 Biswa. The learned Assistant Director of Consolidation has committed a manifest error of law in recording a perverse finding that plot no. 171 is recorded 1 Bigha, 12 Biswa. Apart from this, the order dated 4-11-1989, which was passed by the Consolidation Officer was set aside by the Settlement Officer Consolidation by his order dated 7-6-1991 in Appeal No. 300 under Section 11(1) of the Act and the case was remanded to the Consolidation Officer. The Consolidation Officer thereafter directed the Consolidator to submit a report regarding the area of plot no. The Consolidation Officer thereafter directed the Consolidator to submit a report regarding the area of plot no. 171 whether on the spot the area is available and in possession of the petitioners. On the basis of the report of the Consolidator, by order dated 26-5-1993, the area of plot no. 171 was recorded 2 Bigha, 12 Biswa. The reference was earlier made on the basis of the order, which was not challenged by any party, therefore, the order had become final and obviously, it was to be corrected by making a reference. The reference was rightly made by the S.O.C. The finding of the learned Assistant Director of Consolidation that the area of plot no. 171 which was recorded 1 Bigha, 12 Biswa had been wrongly enhanced by the consolidation Officer is perverse and the order dated 27-8-1998 is against the material on record. 13. It is pertinent to mention here that the order dated 7-6-1991 passed by the Assistant Settlement Officer Consolidation Haridwar, Camp Roorkee in Appeal No. 300 was not assailed before any higher Forum, whereby the case was remanded to the Consolidation Officer. The Assistant Director of Consolidation also lost sight of the order dated 26-5-1993 passed by the Consolidation Officer Roorkee in compliance of the said remand order of ASOC. The said remand order having not been assailed before any higher Forum attained finality. 14. For the reasons and discussion above, the order impugned passed by the respondent no.1-Assistant Director of Consolidation, dated 27-8-1998 is liable to be set aside and the earlier order passed by the Joint Director of Consolidation dated 15-5-1995 passed in reference is liable to the maintained. 15. The writ petition is allowed. Costs easy. The impugned order dated 27-8-1998 (Annexure-4 to the petition) is set aside. The order dated 15-5-1995 whereby the reference was accepted and allowed by the Joint Director of Consolidation Saharanpur, Camp Roorkee is maintained.