Court No. - 19 Case :- CONSOLIDATION No. - 469 of 2010 Petitioner :- Mohammad Iliyas Khan S/O Noor Mohammad Respondent :- Up Sanchalak Chakbandi , Unnao & Ors. Petitioner Counsel :- Krishna Kumar Yadav Respondent Counsel :- C.S.C.,P.V. Chaudhary Hon'ble S.C. Chaurasia,J.
Heard learned counsel for petitioner, learned Standing Counsel, Sri P.V.
Chaudhary, learned counsel for opposite parties nos.2 & 3 and perused the
record.
This writ petition under Article 226 of the Constitution of India has been filed
with the prayer that a writ, order or direction in the nature of Certiorari may
be issued quashing the impugned order dated 31.03.2010 passed by opposite
party no.1, contained as Annexure No.1 to the writ petition and the opposite
parties may be directed to maintain status quo.
Learned counsel for petitioner has submitted that the Deputy Director of
Consolidation has committed illegality in setting aside the order dated
28.11.2008 passed by the Assistant Consolidation Officer and remanding the
case to the Consolidation Officer for disposal. He has further submitted that
the observation of the revisional Court that the revisionist is prima-facie
entitled to the disputed land on the basis of the sale deed dated 11.11.82,
may affect the rights of the petitioner adversely and hence, the impugned
order deserves to be quashed.
From the perusal of the record, it transpires that the objections against
disputed Gata are pending in the Court of Consolidation Officer and the
Deputy Director of Consolidation has remanded the matter to Consolidation
Officer for disposal on merits after providing reasonable opportunity of
hearing to the parties and to produce evidence. The revisional Court has not
decided the matter on merits and has not recorded any finding in favour of
any party. Since, the opportunity of hearing has been provided to both the
parties, I do not find any valid or sufficient ground to interfere in the
impugned order dated 31.03.2010.
This writ petition lacks merit and it is dismissed accordingly.
It is made clear that the Consolidation Officer would dispose of the matters
pending before him, expeditiously in accordance with law and would not be
influenced by any observation made by the Deputy Director of Consolidation
in its order dated 31.03.2010.
Order Date :- 15.7.2010
psd