Reserved Court No. - 10 Case :- CONSOLIDATION No. - 229 of 1992 Petitioner :- Satya Narain Respondent :- D.D.C. & Others Petitioner Counsel :- M.A.Siddiqui Respondent Counsel :- C.S.C.,Nand Kishore Hon'ble Yogendra Kumar Sangal,J.
I have gone through the record. Learned counsel for the petitioner argued that
learned S.O.C. (Settlement Officer of Consolidation) has passed the order on
28.07.1987. Against the same revision was filed before the learned D.D.C.
(Deputy Director of Consolidation). Implementation of the order passed by
learned C.O. (Consolidation Officer) and S.O.C. were not stayed by learned
D.D.C. while admitting the revision. Hence, order passed by learned C.O. and
learned S.O.C. were implemented on the spot immediately thereafter and
possession was delivered to the parties accordingly on their respective chaks.
Implementation of the order passed by learned D.D.C. in revision was stayed
by this Court in writ petition when it was admitted. By the order of learned
D.D.C. rights of other tenure holders were also affected but they were not
joined as party in the revision and were also not heard by learned D.D.C.
when the impugned order was passed by him.
Learned counsel for the petitioner had drawn the attention of the Court that
now after 17 years if learned D.D.C. order is given effect, it will affect the
rights of other tenure holders on the spot and it will create problem for the
authorities to consolidation scheme on the spot as chak and possession of
other tenure holders will also be disturbed and if order of learned C.O. and
learned S.O.C. are not disturbed which were already given effect on the spot,
it will not cause any material loss to respondent No. 2. Moreover for the
purpose of taking into consideration the topography of spot perusal of the
record of case in hand before the consolidation authorities appears necessary.
In the facts and circumstances of the case, learned standing counsel will call
and submit report in this regard of authorities concerned and record of the
case of consolidation courts in this Court on next date.
List the matter before appropriate bench in the month of August, 2010 with
record and report.
Order Date :- 12.7.2010
Rakesh