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JASVIR KAUR versus DY. DIRECTOR OF CONSOLIDATION, RAMPUR & OTHERS

High Court of Judicature at Allahabad

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Jasvir Kaur v. Dy. Director Of Consolidation, Rampur & Others - WRIT - B No. - 40245 of 2007 [2007] RD-AH 14840 (1 September 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).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 5

Civil Misc. Writ Petition No. 40245 of 2007

Jasvir Kaur ... Petitioner

Versus

Deputy Director of Consolidation,

Rampur and others ...... ...... ... Respondents

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Hon'ble Janardan Sahai, J

The petitioner Jasvir Kaur is chak holder no.44 while respondent Kartar Singh is chak holder no.33. An order dated 20.7.04 was passed by the Consolidation Officer in a reference case for allotting 27.16 anas valuation for compensating respondent for loss of area. In the same order it was directed that Jasvinderr Kaur D/o Bhagwan Singh has been allotted an excess area equivalent to valuation of 27.16 anas and therefore this valuation may be taken out from her chak. An appeal was filed by Jasvir Kaur, the petitioner before the Settlement Officer, Consolidation. The Settlement Officer allowed the appeal, set aside the order of the Consolidation Officer and remanded the case to him for fresh decision. This order was challenged by the petitioner before the Deputy Director of Consolidation. The Deputy Director of Consolidation held that the Consolidation Officer did not have any jurisdiction to accept the reference and as such the direction by the Settlement Officer Consolidation remanding the case to the Consolidation Officer for fresh decision was erroneous. The Deputy Director of Consolidation by his ordr dated 29.7.2005 allowed the revision and directed that if the Consolidation Officer finds that a reference is necessary he may draw the reference and submit it through proper channel for approval. In pursuance of the order of the Deputy Director of Consolidation, the chakbandi karta submitted a report on 27.12.2006 wherein he found that valuation of 44.5 anas be taken out from chak no. 44 of the petitioner. He also reported that valuation of 24.05 anas be allotted to Kartar Singh chak holder no.33. This report was submitted by him to Assistant Consolidation Officer. The Consolidation Officer thereafter passed an order on 8.3.2006 that effect be given to the order dated 29.7.2005 and thereafter reference be prepared. A revision against the order dated 8.3.2006 was filed by respondent Kartar Singh, The Deputy Director of Consolidation in that revision passed an order on 24.3.2006 and called for a reference from the Consolidation Officer Rampur. The revision has been allowed by the Deputy Director of Consolidation vide order dated 27.7.2007. He set aside the order dated 8.3.2006 of the Consolidation Officer and has remanded the case to the Consolidation Officer to give opportunity of hearing to all the parties, examine the record and thereafter send the reference under Section 48 (3) of the Consolidation of Holdings Act. This is the order impugned in the present writ petition. The impugned order does not decide the rights of the parties. The Deputy Director of Consolidation has merely directed the Consolidation Officer to send the reference after giving opportunity to the parties. The petitioner would also have a right to be heard and put forth her version before the Consolidation Officer. No ground for interference in the order of the Deputy Director of Consolidation has been made out. The petition is dismissed.

Dt. 1.9.2007

sn


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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