Court No. - 19
Case :- WRIT - B No. - 44879 of 2016 Petitioner :- Dilip Kumar Verma Respondent :- Deputy Director Of Consolidation Ballia And 3 Others Counsel for Petitioner :- Hawaldar Ram Counsel for Respondent :- C.S.C.,Ajeet Kumar Singh
Hon'ble Salil Kumar Rai,J.
Rejoinder affidavit filed today, is taken on record.
Heard Shri Hawaldar Ram, learned counsel for the petitioner and Shri Ajeet Kumar Singh, Advocate, representing respondent Nos. 2 and 3.
An order dated 23.11.2013 was passed by the Consolidation Officer ostensibly exercising his powers under Section 42-A of the Uttar Pradesh Consolidation of Holdings, Act, 1953 (hereinafter referred to as, 'Act, 1953') whereby the Consolidation Officer directed that the consolidation records be corrected as they did not confirm to the consolidation map prepared during the consolidation operations, and therefore, there was a clerical error in the preparation of consolidation records.
From a reading of the order dated 4.9.2015 passed by the Deputy Director of Consolidation, Ballia, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.'), it appears that the order dated 23.11.2013 was passed by the Consolidation Officer without giving any opportunity of hearing to respondent Nos. 2 and 3 who were adversely effected by the said order. Consequently, the respondent Nos. 2 and 3 filed Revision No. 926 under Section 48 of the Act, 1953 before the D.D.C., who vide his order dated 4.9.2015 set aside the order dated 23.11.2013 on the ground that the order dated 23.11.2013 passed by the Consolidation Officer was passed in violation of the principles of natural justice as it was passed without giving any opportunity of hearing to the opposite parties and further it was not a case of clerical or arithmetical error for exercise of power under Section 42-A of the Act, 1953 and consequently remitted the matter to the Settlement Officer of Consolidation to prepare a Reference in the case after giving an opportunity of hearing to the concerned parties. Evidently, the matter before the Consolidation Officer was not a case of clerical or arithmetical error and did not come within the purview of Section 42-A of the Act, 1953. The discrepancies noted by the Consolidation Officer in his order dated 23.11.2013 could be rectified only through a Reference made by the appropriate authority.
In view of the aforesaid, there is no illegality in the order dated 4.9.2015 passed by the D.D.C. which is according to law.
The writ petition lacks merit and is hereby dismissed. However, considering the circumstances of the case, it is directed that the Settlement Officer of Consolidation, Ballia shall complete the proceedings regarding submission of Reference as directed by the D.D.C. vide his order dated 4.9.2015 within a period of three months from the date a certified copy of this order is produced before him.
Order Date :- 25.7.2019 Anurag/-