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RAJDEO versus STATE OF U.P. THRU' CONSOLIDATION & OTHERS

High Court of Judicature at Allahabad

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Rajdeo v. State Of U.P. Thru' Consolidation & Others - WRIT - B No. 69294 of 2005 [2005] RD-AH 5552 (10 November 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Heard Sri S.C.Dwivedi, learned counsel for the petitioner.

The petitioner filed an objection under Section 12 of the U.P. Consolidation of Holdings Act claiming mutation of his name in place of his deceased father on the ground of family settlement. The Assistant Consolidation Officer vide order dated 20.4.2002 allowed the said objection. Against the said order respondent first set filed an appeal on the ground that the order passed by the Assistant Consolidation Officer was an ex-parte order without any notice or opportunity of hearing to them. The Settlement Officer of Consolidation vide order dated 16.11.2004 allowed the appeal and remanded the case back to the Consolidation Officer for decision afresh after hearing and opportunity of adducing evidence to the parties. Aggrieved by the said order, the petitioner preferred revision which has been dismissed by the revisional court vide order dated 8.7.2005.

I have gone through the impugned judgments.

The Settlement Officer Consolidation rightly allowed the appeal as the order passed by the Assistant Consolidation Officer was an ex-parte and passed behind the back of the respondent first set. The revision filed by the petitioner has also been rightly dismissed by the Deputy Director of Consolidation on the ground that it was directed against an order of remand which is inter-locutory in nature.

I find no illegality in the impugned judgments.

The writ petition is devoid of merits and is, accordingly, dismissed.


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