Court No. - 19
Case :- WRIT - B No. - 1921 of 2019 Petitioner :- Dhanveer Singh And 4 Others Respondent :- Deputy Director Of Consolidation Budaun And 2 Others Counsel for Petitioner :- Rama Shanker Mishra Counsel for Respondent :- C.S.C.,Yogesh Kumar Vaish
Hon'ble Salil Kumar Rai,J.
Heard Shri Rama Shanker Mishra, counsel for the petitioner and Shri Yogesh Kumar Vaish representing respondent nos. 2 & 3.
The facts of the case are that an order dated 15.12.2010 was passed by the Consolidation Officer in proceedings registered under Section 9-A(2) of the U.P.Consolidation of Holdings Act, 1953 (hereinafter referred to as Act, 1953) and the said order was implemented in the consolidation records by order dated 9.5.2018 passed by the Consolidation Officer under Rule 109 of the U.P.Consolidation of Holdings Rules, 1954. (hereinafter referred to as Rules,1954). Subsequently, the order dated 15.12.2010 was recalled by the Consolidation Officer vide his order dated 27.7.2018. Through the order dated 5.7.2019, the Deputy Director of Consolidation, Budaun has set aside the order dated 9.5.2018 passed by the Consolidation Officer on the ground that the said order was passed on the basis of the order dated 15.12.2010 which has already been recalled by the Consolidation Officer vide his order 27.7.2018, therefore, the order dated 9.5.2018 passed by the Consolidation Officer under Rule 109 of the Rules, 1954 also requires to be set aside. There is no illegality in the order dated 5.7.2019 passed by the Deputy Director of Consolidation in as much the order dated 15.12.2010 could not be implemented after the order dated 27.7.2018 and therefore, the order dated 9.5.2018 passed by the Consolidation Officer was liable to be set aside. However, as the dispute between the parties registered under Section 9- A(2) of the Act, 1953 registered as Case No.190/72 is still pending before the Consolidation Officer, therefore, it is directed that the Consolidation Officer shall decide the aforesaid dispute within a period of six months from the date a certified copy of this order is produced before him by either of the parties and after giving an opportunity of hearing to the concerned parties.
With the aforesaid directions, the writ petition is dismissed.
The parties shall maintain status quo as of today regarding the disputed plots till fresh orders are passed by the Consolidation Officer.
Order Date :- 30.7.2019 IB