Heard the learned counsel for petitioner and learned counsel for opposite parties.
This petition has been filed challenging the order passed by the Deputy Director of Consolidation dated 23.11.1998 and the order passed by Settlement Officer Consolidation dated 25.07.1997.
The submission of the learned counsel for petitioner is that against the order of Consolidation Officer an appeal was preferred before the Settlement Officer Consolidation who remanded the matter to the Consolidation Officer for deciding the case on merit vide order dated 25.07.1997. Against the said order, a revision was filed which was dismissed vide order dated 23.11.1998. The appellate authority has committed gross error in remanding the matter and he could not have remanded the matter as there was ample evidence on record to the contrary. By remanding the matter the case of the petitioner has been prejudiced.
Learned counsel for the opposite parties on the other hand submits that the order passed by the appellate authority was on the basis of the enquiry set up against him and there were various orders passed by this court or by the revisional court setting aside the orders of appellate authority. He submits that orders passed by the appellate authority cannot be sustained in law.
I have perused the order passed by the appellate authority. The allegations made in this petition seems to be baseless and it is not in dispute that the enquiry was set up against the then Settlement Officer Consolidation who passed the order, remanding the matter to the Consolidation Officer.
In the aforesaid facts and circumstance of the case, the order passed by the Deputy Director of Consolidation dated 23.11.1998 and Settlement Officer Consolidation dated 25.07.1997 cannot be sustained in law, which are hereby set aside. The matter is remanded to the Settlement Officer Consolidation to decide the same afresh after hearing the counsel for parties.
The writ petition is allowed.
Order Date :- 9.4.2012 Ram.