Court No. - 5 Case :- WRIT - B No. - 48243 of 2010 Petitioner :- Kanchan Singh & Others Respondent :- Dy. Director Of Consolidation, Etah & Others Petitioner Counsel :- Anoop Mishra Respondent Counsel :- C.S.C. Hon'ble Vikram Nath,J.
Admit.
Issue notice.
The argument advanced on behalf of the petitioner is that the Consolidation
Officer decided the application under Section 12 of the U.P. Consolidation of
Holdings Act on the basis of the compromise. The said compromise was
assailed before the Settlement Officer Consolidation by the respondent no.4.
The appeal filed by the respondent no.4 was allowed by the Settlement
Officer, Consolidation and the matter was remitted back to the Consolidation
Officer to decide afresh after affording opportunity of evidence and hearing to
the parties. A revision was filed against the order of remand passed by the
Settlement Officer, Consolidation. The Deputy Director of Consolidation by
the impugned order has disposed of the revision holding that the petitioners
have no right and accordingly issued a direction that the name of respondent
no.4 be recorded after deleting the name of the petitioners.
In these set of facts the argument advanced is that the Deputy Director of
Consolidation decided the matter on merits without affording an opportunity
of hearing and leading evidence to the parties.
Till further orders of this Court effect and operation of the impugned order
dated 17.7.2010 passed by the respondent no.1 shall remain stayed.
It would however be open to the Consolidation Officer to proceed to decide
the matter in the light of the remand order passed by the Settlement Officer,
Consolidation and the parties shall cooperate in the same but no final orders
will be passed by the Consolidation Officer in the meantime.
Order Date :- 13.8.2010
RPS