This petition has been filed against the order dated 4.1.2006 passed by the Consolidation Officer in Case No.23+24+47 under Rule 109-A(1) of the U.P.Consolidation of Holdings Rules.
By the impugned order the Consolidation Officer has rejected the application filed by the petitioner on the finding that the copy of the order sought to be implemented in the revenue record has not been filed along with the application. It has also been recorded that there is no record available of the proceedings in which the order sought to be implemented is alleged to have been passed in favour of the petitioner.
The primary ground of attack is that the order is ex-parte and has been passed without opportunity of hearing to the petitioner. Correctness of this ground of attack has not been disputed by the learned Standing counsel.
Under the circumstances, it is through fit that the order dated 4.2.2006 be set aside and the matter be remanded to the Consolidation Officer for fresh decision after hearing the petitioner as also the Gaon Sabha which appears to be a necessary party to the proceedings. The petitioner is not being relegated to the alternative remedy of appeal available to him in view of the fact that the petition was entertained and has remained pending since 2006.
In view of the above, it is provided that the petitioner will appear before the Consolidation Officer concerned on 18.2.2014 along with an application raising all grounds that he wants to press as also evidence that he seeks to rely upon. If such an application is filed within the time prescribed, the learned Consolidation Officer shall issue notice to the concerned parties and decide the application afresh within a period of two weeks thereafter. No adjournment will be granted to any party unless absolutely necessary. The Consolidation officer may proceed to hear the matter on a day to day basis in case necessary.
The writ petition is allowed. The impugned order dated 4.2.2006 is quashed subject to the direction above. It is further provided that in case the petitioners do not appear before the Consolidation Officer within the time specified, the impugned order dated 4.2.2006 shall stand revived and the writ petition shall stand dismissed without further reference to the Court.
Order Date :- 29.1.2014 mna