Court No. - 5 Case :- WRIT - B No. - 36786 of 2010 Petitioner :- Bos Respondent :- Settlement Officer Of Consolidation And Others Petitioner Counsel :- Surendra Pratap Singh Respondent Counsel :- C.S.C. Hon'ble Sabhajeet Yadav,J.
Heard learned counsel for the petitioner.
By this petition, the petitioner has challenged the order dated 26.5.2010
passed by Consolidation Officer under Section 42-A of U.P.C.H. Act. The
submission of learned counsel for the petitioner is that such order cannot be
passed by Consolidation Officer under aforesaid section, instead thereof a
reference proceeding would have been initiated under relevant provisions of
the Act.
In this view of the matter, even if the submission of learned counsel for the
petitioner assumes to be correct even then the order passed by Consolidation
Officer can be challenged before superior Consolidation court and the writ
petition straightway filed by the petitioner against said order, in my
considered opinion, cannot be held maintainable.
Accordingly the writ petition stands dismissed with liberty to the petitioner to
seek appropriate remedy available under law.
Order Date :- 13.7.2010
LJ/-