Court No. - 17
Case :- WRIT - B No. - 4873 of 2018 Petitioner :- Abdul Kadir And 2 Others Respondent :- Deputy Director Of Consolidation/ Chief Revenue Officer And 12 Others Counsel for Petitioner :- Shyam Lal Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The present writ petition has been filed for quashing the order dated 18.04.2018 passed by the Deputy Director of Consolidation and order dated 02.11.2017 passed by the Settlement Officer of Consolidation whereby the application of the petitioners for separation of their appeal from the five appeals was directed to be considered at the time of hearing of the appeal.
The record reflects that some objection was filed by the parties for determination of their shares in the proceedings under Section 9-A (2) of the U.P. Consolidation of Holdings Act, 1953 was decided by the Consolidation Officer vide its order dated 18.01.2018.
Against that order the respondent no. 4 filed the recall application on the ground that the order was passed without affording any opportunity of hearing.
The said recall application was rejected by the Consolidation Officer for want of prosecution.
Subsequently the recall application was filed for recalling the order dated 06.09.2012, which was rejected.
Against that order respondent no. 4 alongwith respondents nos. 5 to 8 filed the appeal challenge the order dated 16.09.2015 as well as 18.01.2008.
During the pendency of the appeal, the petitioner filed an application on the ground since, the recall application has only been filed by the respondent no. 4 and therefore, the appeal filed by the other respondents be separated as the same was filed beyond time.
The Settlement Officer of Consolidation by order dated 02.11.2017 directed that the application filed by the petitioner to be considered at the time of the hearing of the appeal and adjourned the appeal in further hearing. Against that order, the revision was filed which was dismissed by impugned order dated 18.04.2018. The application of the petitioner filed during the pendency of the appeal was directed to be considered at the time of the hearing of the appeal. Nothing has been decided. There is no question for any interference by the revisional authority. The orders appears to be interlocutory order and no revision as well as the writ petition is maintainable against the same.
Writ petition is totally misconceived and is accordingly dismissed.
Order Date :- 23.8.2018 sweta