Court No. - 5 Case :- WRIT - B No. - 15488 of 2010 Petitioner :- Lochan Singh And Others Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- Sukesh Kumar,A.P.N. Giri,S.N. Yadav Respondent Counsel :- C.S.C.,P.K. Dixit Hon'ble Sabhajeet Yadav,J.
Vide detail judgment and order dated 25.3.2010 passed by me, I have
dismissed the above noted writ petition by placing reliance upon certain
decisions of Hon’ble Supreme Court and a decision rendered by me in Writ
Petition No. 11825 of 2010 (Uma Shanker and others Vs. Deputy Director of
Consolidation and others) decided on 18.3.2010 referred in the judgment
dated 25.3.2010 sought to be reviewed by the present application. Learned
counsel for the petitioners has neither perused the aforesaid decisions referred
in the order sought to be reviewed nor the decision rendered by this Court on
18.3.2010 in Writ Petition No. 11825 of 2010 (Uma Shanker and others Vs.
Deputy Director of Consolidation and others) wherein, I have discussed the
content and scope of the provisions of Section 48 of U.P.C.H. Act in extenso,
has placed before me.
From the perusal of the order dated 26.2.2010 which was impugned in the
writ petition, gave rise cause of action of instant review application. It is clear
that illegalities which were committed by the subordinate consolidation
authorities were of such a nature which could not be rectified by either in
individual objections or in appeals filed by aggrieved parties or by him in
revisions, as such, finding no alternative, Deputy Director of Consolidation
has cancelled the entire consolidation proceeding of the village in question
from the stage of valuation of plots of the village in question and directed the
Assistant Consolidation Officer to make fresh valuation of the plots of the
village and after fresh determination of the valuation of plots Assistant
Consolidation Officer directed for preparing fresh provisional consolidation
scheme, under which the petitioners and other aggrieved persons would have
opportunity to file individual objections, appeals and revisions.
Therefore, in my considered opinion, no fault can be found in the earlier order
passed by me. The review application stands dismissed.
Order Date :- 15.7.2010
Kamlesh Maurya