Court No. - 10 Case :- WRIT - B No. - 47704 of 2010 Petitioner :- Ghyan Babu Respondent :- Dy. Director Of Consolidation, Bareilly & Others Petitioner Counsel :- V.S. Shukla Respondent Counsel :- C.S.C. Hon'ble Vikram Nath,J.
Heard the learned counsel for the petitioner.
The Consolidation Officer passed an order on 27.7.2009 directing to proceed
exparte against the petitioner as despite the repeated calls he failed to appear.
Thereafter the petitioner filed an application to recall the said order. In the
meantime he also filed an appeal. The appeal was dismissed on the ground
that the petitioner has a remedy of submitting written arguments before the
Consolidation Officer. Against the same the petitioner preferred a revision.
The revision has also been dismissed for the same grounds and also for the
additional ground that the petitioner having filed an application for recall
before the Consolidation Officer, subsequently not pressed his application and
got it dismissed.
Admittedly till date final order has not been passed by the Consolidation
Officer. The petitioner has a remedy of submitting his written arguments and
he can always challenge the order dated 27.7.2009 in a regular appeal in case
the Consolidation Officer decides the matter against him. Petition lacks merit
and is accordingly dismissed.
Order Date :- 12.8.2010
pk