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Ramesh Chandra & Another v. Dy. Director Of Consolidation, Saharanpur & Others - WRIT - B No. 21776 of 2007  RD-AH 8440 (4 May 2007)
Civil Misc. Writ Petition No. 21776 of 2007
Ramesh Chand and another
Deputy Director of Consolidation, Saharanpur and others
Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Against an order passed by Consolidation Officer, contesting respondents no. 4 to 6 filed an appeal under Section 11 of the U. P. Consolidation of Holdings Act (for short the ''Act') which was allowed vide order dated 13.6.2006 and the case was remanded back to the Consolidation Officer to be decided afresh. Aggrieved by the same, petitioners filed a revision which was dismissed by the Deputy Director of Consolidation vide order dated 12.3.2007, against which the present writ petition has been preferred.
It has been urged by the learned counsel for the petitioners that specific findings recorded by the Consolidation Officer have not been set aside by the Settlement Officer Consolidation and as such the remand order is illegal. It has further been urged that since the entire evidence was available on record, Settlement Officer Consolidation ought to have considered the same and decided the matter on merits.
I have considered the arguments advanced by the learned counsel for the petitioners and perused the record.
Settlement Office Consolidation finding that the Consolidation Officer without considering the relevant evidence and material on record has passed the order cursorily, allowed the appeal and remanded the case back. Revision filed by the petitioner has been dismissed with the same finding.
After a careful perusal of the impugned order, I find no illegality in the order passed by the Settlement Officer Consolidation remanding the case back to be decided on merits afresh after considering the evidence on record as well as revisional order.
Writ petition accordingly fails and is dismissed in limine.
Date : May 4, 2007.
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