Akhtar vs Deputy Director Consolidation and Another

S.C. Chaurasia, J.—Vakalatnama filed by Sri Satyendra Kumar Tewari on behalf of opposite party No. 2 is taken on record.

Heard Sri A.Z. Khan, learned Counsel for petitioner, learned Standing Counsel ,Sri Satyendra Kumar Tewari, learned Counsel for opposite party No. 2 and perused the record.

This writ petition is being disposed of finally at the admission stage with the consent of the parties.

This writ petition under Article 226 of the Constitution of India has been filed with the prayer that a writ, order or direction in the nature of Certiorari may be issued quashing the impugned order dated 25.06.2010 passed by opposite party No. 1, contained as Annexure No. 1 to the writ petition and the opposite parties may be directed not to disturb the peaceful possession of the petitioner over the land in dispute.

Learned Counsel for petitioner has submitted that the learned Deputy Director of Consolidation has committed illegality in exercise of its jurisdiction in remanding the matter for disposal afresh on unfounded grounds and it would prolong the litigation.

Learned Counsel for opposite party No. 2 has submitted that the learned Deputy Director of Consolidation has not committed any illegality in remanding the matter for disposal afresh and hence, no interference is called for in the impugned order.

From the perusal of record, it transpires that the learned Deputy Director, Consolidation has allowed the revision after setting aside the orders dated 25.09.2004 & 03.05.2008 passed by the Consolidation officer and appellate Court and remanded the matter to the Court of Consolidation, Officer Ambedkar Nagar for disposal afresh in the light of directions given in the body of judgment.

I do not find any manifest error of law in the impugned order so as to warrant interference by this Court in exercise of its writ jurisdiction.

Learned Counsel for petitioner has submitted that the Consolidation Officer may be directed to dispose of the said case expeditiously within stipulated period and status-quo as exists today may be maintained. The opposite party No. 2 has no objection to it.

The Consolidation Officer, Ambedkar Nagar is directed to dispose of the case expeditiously in accordance with law after providing reasonable opportunity of hearing to both the parties, preferably within a period of three months from the date a certified copy the order of this Court is filed in the said Court. Parties are directed to maintain staus-quo, as exists today, till the disposal of the said case.

With these observations/directions, the writ petition stands disposed of finally.