Bhikki vs Deputy Director of Consolidation, Bulandshahr and another

Rajes Kumar, J.—Heard Sri Ayub Khan, learned Counsel for the petitioner, learned Standing Counsel appears on behalf of respondent No. 1 and Sri U.K. Goswami, learned Counsel appears on behalf of respondent No. 2.

By means of the present writ petition, petitioner is challenging the order dated 26.4.2008 passed by Deputy Director of Consolidation, Bulandshahr, by which the revision filed by the respondent has been allowed.

Learned Counsel for the petitioner submitted that by the impugned order the chak of the petitioner has been disturbed without considering the objection of the petitioner, which has been accepted by Consolidation Officer and without dealing with the findings recorded by him. He further submitted that in the impugned order, Deputy Director of Consolidation has only considered the plea of the respondent and allowed the revision.

I have perused the impugned order. In the impugned order, Deputy Director of Consolidation has only considered the plea of the respondent, Raj Pal and has neither considered the objection of the petitioner, which was considered by the Consolidation Officer in its order nor has considered the findings recorded by the Consolidation Officer.

In this view of the matter, order of Deputy Director of Consolidation is vitiated and is liable to be set aside.

In the result, writ petition is allowed. Order dated 26.4.2008 passed by Deputy Director of Consolidation, Bulandshahr is set aside and the matter is remanded back to the Deputy Director of Consolidation, Bulandshahr to decide the revision afresh after hearing both the parties within a period of two months from the date of presentation of the certified copy of the order. He is further directed that while considering the claim of the revisionist, Raj Pal he may also consider the case of the petitioner and the findings recorded by the Consolidation Officer after hearing both the parties.

Petitioner is directed to file the certified copy of the order before Deputy Director of Consolidation, Bulandshahr within a period of two weeks.