Court No. - 5 Case :- WRIT - B No. - 70575 of 2009 Petitioner :- Iklakh Respondent :- D.D.C. & Others Petitioner Counsel :- Pradeep Kumar Srivastava Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Sabhajeet Yadav,J.
Heard learned counsel for the petitioner.
It is stated that initially a reference was made in favour of petitioner by
the Sub-ordinate Consolidation Authorities, which was accepted by the
Deputy Director of Consolidation, Saharanpur under Section 48(3) of
U.P.C.H. Act. Feeling aggrieved against which the respondents no.5 to 7 have
filed restoration application which was accepted Deputy Director of
Consolidation by impugned order dated 18.8.2009 whereby earlier order
passed by him on 10.11.2008 has been cancelled and a date 28.8.2009 was
fixed for hearing.
Learned counsel for the petitioner has submitted that the petitioner has
not been heard by Deputy Director of Consolidation, Saharanpur before
cancellation of order dated 10.11.2008 passed by him.
In my opinion, since the notices have been issued for hearing to all the
concerned parties vide order dated 18.8.2009 passed by Deputy Director of
Consolidation, Saharanpur, therefore, it can be assumed that the parties are
intended to be heard by him. The order passed by him cannot be faulted with
on that score.
The writ petition stands dismissed.
Order Date :- 8.1.2010
LJ/-