Court No. - 5 Case :- WRIT - B No. - 45162 of 2010 Petitioner :- Vivek Singh Respondent :- Dy. Director Of Consolidation Jalaun And Others Petitioner Counsel :- Uday Narayan Khare Respondent Counsel :- C.S.C.,P.K. Dubey,S. Niranjan Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner and Sri Dharam Pal Singh, learned
Senior Advocate assisted by Sri S. Niranjan, Advocate for the opposite parties
nos. 4 to 9.
After remand by the Settlement Officer Consolidation in the first round of
litigation, the matter was decided by the Consolidation Officer by completely
non speaking order. It only recorded that the opposite party had not appeared
despite repeated calls and despite service of the registered notice and in that
view of the matter he directed that the earlier order which had been set aside
by the Settlement Officer Consolidation in appeal shall remain intact. This
order was assailed by way of appeal by the respondent no.4. The appeal was
allowed. The Settlement Officer Consolidation remanded the matter to the
Consolidation Officer to pass fresh orders in accordance with law after
affording due opportunity to the parties. The revision filed by the petitioner
has been dismissed. In the opinion of the Court the order of remand passed by
the Settlement Officer Consolidation was just and proper and the order passed
by the Consolidation Officer after remand was totally non speaking order and
could not have been sustained on the record.
Accordingly this writ petition lacks merit and is accordingly dismissed.
Since learned counsel for the parties have submitted that the matter is old one
and parties have been litigating for more than 10 years it is directed that the
authority concerned shall make an endeavour to decide the case afresh within
a period of six months from the date of production of certified coy of this
order.
Order Date :- 9.8.2010
RPS