Chhidda vs Deputy Director of Consolidation, Moradabad and another

Krishna Murari, J.—Heard learned Counsel for the petitioner and Sri Rishi Kant Rai for respondent No.2 who does not propose to file any counter affidavit.

With the consent of the leaned Counsel for the parties, the writ petition is finally disposed of at this stage under the Rules of Court.

Objection and appeal filed by, respondent No. 2 against the proposed chak at the stage of Assistant Consolidation Officer were dismissed. She went up in revision. Deputy Director of Consolidation vide impugned order dated 29.2.2008 allowed the same, against which the present petition has been preferred.

It has been urged by learned Counsel for the petitioner that the order passed by the Deputy Director of Consolidation is devoid of any reason and without assigning reason the petitioner has been deprived of his original holding and has been allotted ''Uran'' chak.

In reply, learned Counsel for the contesting respondent has tried to justify the impugned order.

I have considered the argument advanced by learned Counsel for the parties and perused the record.

From a bare perusal of the order of the Deputy Director of Consolidation, there appears to be force in the argument of learned Counsel for the petitioner. There is neither any discussion of the case of the petitioner nor any reason has been recorded for allowing the claim of the contesting respondent. The only reason recorded is that from a perusal of the record the demand made by respondent No. 2 appears to be justified. It is well settled that Deputy Director of Consolidation is under obligation to discuss the case of the parties and thereafter, record reason for coming to the conclusion.

The impugned judgement dated 29.2.2008 being without consideration of the case of the petitioner or assigning any reason is not liable to be sustained and is hereby quashed.

The petition stands allowed.

The dispute is remanded back to the Deputy Director of Consolidation for decision afresh in accordance with law and in the light of the observations made hereinabove after notice and opportunity of hearing to all concerned.