BHAGWAN SINGH & OTHERS versus CONSOLIDATION COMMISSIONER & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Bhagwan Singh & Others v. Consolidation Commissioner & Others - WRIT - B No. - 45367 of 2007 [2007] RD-AH 15852 (21 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Janardan Sahai, J

The petitioner's case is pending before the Consolidation Officer. He applied for transfer before the Settlement Officer, Consolidation. His application was rejected. He filed a revision before the Deputy Director of Consolidation which was also dismissed by the Deputy Director of Consolidation. The grievance of the petitioner is that short dates were being fixed by the Consolidation Officer and that he made certain observations expressing his mind to decide the case in favour of respondent. The comments of the Consolidation Officer were called for. He denied the allegations. As regards the short dates fixed in the case, the finding is that the short dates were fixed with the consent of the parties and considering the fact that it was an old case. Another finding in the order is that there is only one Consolidation Officer.

Sri B.B. Paul counsel for the petitioner submitted that the fact that there is a single Consolation Officer is no ground for rejecting the transfer application and the transfer could be allowed under Rule 65 of the U.P. Consolidation of Holdings Rules. It has been found by the Settlement Officer, Consolidation and the Deputy Director of Consolidation that the petitioner has not been able to make out a case. The finding of the authorities below do no suffer from any illegality. Dismissed.

Dt. 21.9.2007

sn/wp-45367/07

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