Court No. - 17
Case :- WRIT - B No. - 4883 of 2018 Petitioner :- Chatur Bhuj And Another Respondent :- D.D.C. (Deputy Director Of Consolidation) And 2 Others Counsel for Petitioner :- Pravesh Kumar,Sandeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing counsel.
This writ petition has been filed for quashing the order dated 16.8.2018 passed by the Deputy Director of Consolidation, Jalaun in Revision No. 15 of 2018 (Lallu Singh & Ors. Vs. Jiya Lal & Ors) and for the direction issued to the Consolidation Officer to pass the interim order after hearing the parties concerned.
The record reflects that some application filed by the respondent nos. 2 and 3 under Section 48 of entering their names in the revenue record on the basis of order dated 22.4.1978, the Consolidation Officer allowed the said application vide order dated 6.4.2018. Against that order restoration application was filed during the pendency of the restoration the interim protection was granted by Consolidation Officer vide order dated 4.5.2018 to the effect that parties are directed to restrained alienating the disputed property.
Against that order revision was filed by the contesting respondents which was allowed and the matter was remitted to the Consolidation Officer to decide the interim order after hearing the parties concerned and fixing 23.8.2018. The order impugned is interlocutory in nature and the writ petition is not maintainable.
In these circumstances, no prejudice cause to the petitioner in case the fresh order is passed by the Consolidation Officer after hearing the parties concerned.
The writ petition is totally misconceived and is accordingly dismissed. However considering the facts and circumstances a direction is issued to the Consolidation Officer to decide the restoration application of the petitioners filed for recalling the order dated 6.4.2018 as expeditiously as possible preferably within a period of three months from the date of a production of certified copy of this order. Till then parties are directed not to create any third party interest.
Order Date :- 24.8.2018 Akbar