Surendra Singh vs Deputy Director of Consolidation, Moradabad and others

Krishna Murari, J.—Heard learned Counsel for the petitioner and learned Standing Counsel.

In view of the order proposed to be passed hereunder I do not propose to put the private respondent Nos. 2 and 3 to notice.

Against the order passed by the Settlement Officer Consolidation in chek allotment proceeding, the petitioner went up in revision. Deputy Director Consolidation entertained the revision and stayed the effect and operation of the Settlement Officer Consolidation dated 17.12.2007. Subsequently, on application filed by respondent Nos. 2 and 3 the same has been vacated vide order dated 11.3.2008. Aggrieved by the same, the petitioner has approached this Court.

It is contended that not only there was any justification to vacate the interim order in the facts and circumstances but the same has also been passed exparte without any notice or opportunity of hearing.

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

A perusal of the record indicates that the application for vacating the said orderwas filed by the contesting respondents on 11.3.2008 and on the same day the impugned order has been passed on the margin of the application which itself demonstrates that neither any notice was issued nor any opportunity of hearing was provided before passing the order. Further the dispute between the parties is with respect to allotment of chak and in this view of the matter, there appears to be no justification for implementing the order of the Settlement Officer, Consolidation during the pendency of the revision and for this reason also the stay order granted earlier was not liable to be vacated.

In such view of the matter, the impugned order dated 11.3 2008 passed by the Deputy Director of Consolidation is quashed.

The writ petition stands allowed.

The Deputy Director of Consolidation is directed to decide the revision expeditiously and till disposal of the revision the order dated 17.12.2007 passed by the Settlement Officer Consolidation shall be kept in abeyance.