High Court of Judicature at Allahabad
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Ram Prasad & Others v. Addl. Collector/Dy.Director Of Consolidation, Ghazipur & Ors - WRIT - B No. 34881 of 2006  RD-AH 11199 (10 July 2006)
Hon. S.N.Srivastava, J.
Heard learned counsel for the petitioner and also learned Standing counsel.
It transpires from the record that in the basic year both the parties were recorded as co-tenure holders. The Opposite party claims himself to be exclusive tenure holder on the basis of some order passed in the earlier consolidation proceedings.
Learned counsel for the petitioner submitted that no such order is inexistence and claim of the Opp. party is founded on forged papers which he did not file before the Consolidation officer or before any consolidation authorities at any point of time inspite of the fact that the matter was remanded by the appellate authority for giving fresh opportunity. Learned counsel further submitted that the Deputy Director Consolidation, without delving into all these aspects, ought not to have remitted the matter to consolidation officer again for decision afresh.
Considering the facts and circumstances of the case and also the materials on record and also regard being had to the fact that all the parties are recorded in the basic year and the Opposite party is claiming exclusive tenancy rights on the basis of some order passed in earlier consolidation proceeding attended with finding that the order of remand was not complied with, the interest of justice would be best attained if the writ petition is disposed of attended with direction that Consolidation officer shall proceed with the case on de die and diem basis after serving notice to Opp. parties and take the matter to some finality within a period not exceeding four months from the date of producing of a certified copy of this order.
In the result, the writ petition is disposed of disposed in terms of the above directions.
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