Court No. - 5 Case :- WRIT - B No. - 1644 of 2010 Petitioner :- Ram Dhari Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- Ravi Chandra Srivastava Respondent Counsel :- C.S.C. Hon'ble Sabhajeet Yadav,J.
It is submitted that vide judgement and order dated 13.10.1982 passed by
this Court the matter was remanded back before Deputy Director of
Consolidation for deciding the case afresh on merit after hearing the parties
by re-examination of claim of the parties but instead of deciding the revision
pending before him in pursuance of said direction, it is submitted that
revisional court has remanded the matter back before Consolidation Officer
by setting aside the order passed by Consolidation Officer as well as
Settlement Officer of Consolidation in appeal. In my opinion, rightly so.
It is no doubt true that this Court has directed the revisional court i.e.
Deputy Director of Consolidation to decide the dispute on merit but having
regard to the facts and circumstances of the case if Deputy Director of
Consolidation has found it suitable and appropriate that the dispute between
the parties shall be decided on merit from initial stage by Consolidation
Officer, there can be no such illegality in the order passed by Deputy Director
of Consolidation so as to call for any interference by this Court. As such no
fault can be found in the order dated 8.9.2008 passed by Deputy Director of
Consolidation, accordingly the writ petition is dismissed as bereft of merit.
However, dismissal of this petition will not preclude the Consolidation
Officer to decide the dispute pending before him by affording opportunity of
hearing to the parties and by permitting them to adduce their respective
evidence expeditiously preferably within four months from the date of
production of certified copy of this order before him and while deciding the
said dispute the Consolidation Officer shall not be influenced by the
observations made by this Court.
Order Date :- 13.1.2010
KKM