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Ram Bharose And Others v. Addl. Director Of Consolidation And Others - WRIT - B No. 25126 of 2007 [2007] RD-AH 10179 (25 May 2007)


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).


Hon. Janardan Sahai,J

By the impugned order dated 25.4.07 the Addl. Director of Consolidation has transferred the appeal of the respondents against the order under Section 9A(2) of the U.P. Consolidation of Holdings Act to Sri B.L.Saroj Settlement Officer, Consolidation on the basis of written consent. It is submitted by the petitioners' counsel that no such consent was given by the petitioners and that a fraud has been played upon the court.  As  fraud is being alleged and consent is being denied, the proper remedy for the petitioners is to file an application before the Additional Director of Consolidation himself. Counsel for the petitioners states that the petitioners will file such an application within a week from today. In the circumstances  the writ petition is disposed of with the direction to the Addl. Director of Consolidation that in case such an application is filed, the same shall be disposed of by him  expeditiously. It is also open to the petitioners to make an application before the Addl. Director for staying the proceedings of the Settlement Officer Consolidation.  It is made   clear that no opinion upon the merits of the petitioners' case is being expressed by this court and it is for the Addl. Director to pass appropriate  orders in accordance with law.


Counsel for the petitioners also submits  that Sri B.L.Saroj is proceeding to decide the case in hot haste and unless some protection is provided to the petitioners the case will become infructuous.  For a period of 10 days from today, the proceedings before the Settlement Officer Consolidation Sri B.L.Saroj shall remain stayed.A copy of this order be supplied to the counsel on payment of usual charges within 24 hours.


Dt: 25/5/07sm


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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