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DALSINGAR & OTHERS versus D.D.C.,BASTI & OTHERS

High Court of Judicature at Allahabad

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Dalsingar & Others v. D.D.C.,Basti & Others - WRIT - B No. 18959 of 1998 [2006] RD-AH 646 (10 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                             

Reserved

Court No.40

    Group-B

Civil Misc. Writ Petition No. 18959 of 1998

Dalsingar and others .............Petitioners

Vs.

Deputy Director of Consolidation, Basti and others..........Respondents

Hon. S.N. Srivastava, J.

This writ petition is directed against the orders dated 11.4.1997, passed by the Settlement Officer, Consolidation, 6.5.1997 and 31.3.1998, passed by the Deputy Director of Consolidation.

From perusal of the record, it transpires that against the order dated 13.8.1996 passed by the Settlement Officer, Consolidation, Anirudh-Opp. Party no.3 filed a review/recall application before the Settlement Officer, Consolidation which was allowed by an order dated 11.4.1997.  Against the said order, petitioners filed a revision before the Deputy Director of Consolidation, which was dismissed on 6.5.1997.  A restoration application filed by the petitioners against the said order on the ground that it was passed behind the back of the petitioners was also dismissed.  Petitioners preferred present writ petition against dismissal of the revision by order dated 6.5.1997 passed by the Deputy Director of Consolidation filed by them against the order dated 11.4.1997 of Settlement Officer, Consolidation and the order dated 31.3.1998 dismissing their restoration application, though the order dated 11.4.1997 was setaside by the revisional court in the revision preferred by Bhagirathi-Opp. Party no.4 by the order dated 21.3.1998. From perusal of the impugned orders, it is clear that the revision was dismissed on the ground that petitioners were allotted their original holding on Plot nos. 447 and 448.

As the whole matter has been remanded before the Deputy Director of Consolidation in the other writ petition, this writ petition also deserves to be allowed.  The orders dated 6.5.1997 and 31.3.1998, passed by the Deputy Director of Consolidation are liable to be quashed.

Once the Deputy Director of Consolidation has set aside the order dated 11.4.1997, passed by the Settlement Officer, Consolidation in Revision No. 2152/2788, it erred in law in dismissing the revision and recall application on the ground that the order dated 11.4.1997 was rightly passed.  The Deputy Director of Consolidation passed two contradictory orders in two revisions preferred against the same order, which is not permissible in law.

As the order dated 21.3.1998, passed by the Deputy Director of Consolidation has already been quashed, this matter also requires reconsideration by the Deputy Director of Consolidation.

With the result writ petition succeeds and is allowed.  The orders dated 6.5.1997 and 31.3.1998 passed by the Deputy Director of Consolidation are quashed.  The Deputy Director of Consolidation, Basti is directed to decide the entire controversy afresh in accordance with law by passing a speaking order after hearing both the parties or any other concerned party within six months' from the date of production of a certified copy of this order.

No order as to cost.

10.1.2006

bgs/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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