Court No. - 5 Case :- WRIT - B No. - 1753 of 2010 Petitioner :- Deep Chand And Others Respondent :- Deputy Director Of Consolidation And Another Petitioner Counsel :- S.K. Pundir Respondent Counsel :- C.S.C.,A.K.S. Bais Hon'ble Sabhajeet Yadav,J.
Heard Sri S.K. Pundir, learned counsel for the petitioners and Sri A. K.S. Bais
for respondent no.2.
By this petition, the petitioners have challenged the order dated 28.10.2009
passed by Dy. Director of Consolidation in Revision No. 120 of 2009, Soran
Vs. Bharat Singh & others, under Section 48 U.P.C.H. Act. By the aforesaid
order the revisional court while setting aside the orders earlier passed by
Consolidation Officer and Settlement Officer of Consolidation has remanded
the matter back for disposal on merit before Consolidation Officer.
Learned counsel for the petitioner has submitted that while remanding the
matter back before Consolidation Officer, the Dy. Director of Consolidation
has made certain observation on the merit of the case in respect of ex-parte
decree passed by civil court in respect of cancellation of sale deed in question,
therefore, the said observation would certainly prejudice the case of
petitioners before the Consolidation Officer. The submission of learned
counsel for the petitioners to that extent appears to have some substance and
deserves to be accepted.
In my opinion, while remanding the matter back the Dy. Director of
Consolidation was required to make further observation that Consolidation
Officer shall decide the case on merit having regard to the rival contentions of
parties without being influenced by the observation made by Dy. Director
himself, but in the order of remand he has not made such observation,
therefore, the order passed by Dy. Director of Consolidation to that extent
requires modification. Accordingly, without interfering in the order dated
28.10.2009 passed by Dy. Director of Consolidation, said order is slightly
modified to the extent that Consolidation Officer shall decide the case of
parties on merit afresh having regard to the rival contention of the parties,
without being influenced by the observation made by superior courts i.e.
Settlement Officer of Consolidation and Dy. Director of Consolidation in
accordance with the provisions of law.
With the aforesaid observation and direction, writ petition stands disposed of
finally.
Order Date :- 22.1.2010
LJ/-