S.N.Srivastava, J. - (1.)Dispute relates to property of Sharda Nand. Against entry made by Consolidator in records mentioning Smt. Poonam Devi as heir of Sharda Nand, petitioner approached Deputy Director of Consolidation by filing revision which was dismissed by Deputy Director of Consolidation on the ground of alternative remedy that if she was aggrieved by entry made by Consolidator she may approach Consolidation Officer and then Settlement Officer of Consolidation. Deputy Director of Consolidation held revision preferred before Deputy Director of Consolidation as not maintainable.
(2.)Heard learned counsel for petitioner and learned standing counsel.
(3.)Learned counsel for petitioner urged that in view of the latest amendment in Uttar Pradesh Consolidation of Holdings (Second Amendment) Ordinance, 2002 by which Explanation (3) was added and by virtue of which now power to examine any findings, whether of fact or law, recorded by any subordinate authority, and which also includes the power to re-appreciate any oral or documentary evidence vests with the Deputy Director of Consolidation. He further urged that Deputy Director of Consolidation was erred in law in not appreciating materials on record and its order dismissing revision was passed without considering petitioner's case on merits.