Court No. - 3 Case :- CONSOLIDATION No. - 34 of 2010 Petitioner :- Badri Narayan Singh Respondent :- Settlement Officer Consolidation Faizabad And Ors. Petitioner Counsel :- M.A.Siddiqui Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Heard Mr. M.A.Siddiqui, learned counsel for the petitioner and the
learned Standing counsel.
Issue notice to the opposite parties 2 and 3.
The petitioner has challenged the order dated 9.2.2009 passed by
the Settlement Officer Consolidation, Faizabad in Appeal no. 1844
under section 11 (1) of the U.P. Consolidation of Holdings Act
(hereinafter referred to as the Act), filed against the order dated
19.1.2009 passed by the Consolidator under Section 6A of the Act
on the ground that under section 11 (1) of the Act the order passed
on the objection filed under section 9A of the Act is appealable,
whereas against the order passed under section 9A no appeal is
provided under the Act. If the opposite parties 2 and 3 are aggrieved
with the order dated 19.1.2009 passed by the Consolidator, they can
file objection under section 9A(2) of the Act before the
Consolidation Officer.
Considering the facts and circumstances of the case I hereby stay
the operation of order dated 19.2.2009 passed by the Settlement
Officer Consolidation,Faizabad. However, the opposite parties are
at liberty to file objection under section 9A(2) of the Act against the
order dated 19.1.2009 passed by the Consolidator.
List after service report.
Order Date :- 22.1.2010
GSY