Court No. - 19
Case :- WRIT - B No. - 1918 of 2019 Petitioner :- Hari Shankar And 2 Others Respondent :- Deputy Director Of Consolidation / City Magistrate And 3 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed against the order dated 5.6.2010 passed by the Deputy Director of Consolidation, Jhansi as well as against the orders dated 3.12.2018 and 27.2.2019 passed by Deputy Director of Consolidation, Jalaun.
By order dated 5.6.2010 passed by Deputy Director of Consolidation, Jhansi the order dated 28.1.1991 passed by the Settlement Officer of Consolidation was set aside and the matter was remanded back to the Settlement Officer of Consolidation to pass fresh orders in accordance with law in the appeal registered before him. Subsequently, the petitioners filed a recall application for recall of the order dated 5.6.2010 which was dismissed by the Deputy Director of Consolidation, Jhansi vide his order dated 3.12.2018 and the second recall application was also dismissed by the Deputy Director of Consolidation vide his order dated 27.2.2019.
The orders dated 3.12.2018 and 27.2.2019 were passed by the City Magistrate, Jhansi exercising the powers of Deputy Director of Consolidation and therefore, in view of the judgment dated 2.4.2019 passed by this Court in Writ B No.548 of 2019, the orders dated 3.12.2018 and 27.02.2019 are without jurisdiction. The orders dated 27.2.2019 and 3.12.2018 are hereby quashed. However, the judgment and order of this Court in Writ B No.548 is not applicable on the order 5.6.2010 passed by the Deputy Director of Consolidation,Jhansi and as the order dated 5.6.2010 is a remand order which does not finally decide the rights of the parties and the petitioner shall have an opportunity to present his case in appeal before the Settlement Officer of Consolidation, there is no illegality in the order dated 5.6.2010 so as to occasion interference by this Court under Article 226 of the Constitution of India.
The writ petition is disposed of with a direction to the District Deputy Director of Consolidation to decide the recall application filed by the petitioners either himself or to some other duly constituted authority within a period of three months from the date a cerified copy of the order is produced before him. It is further directed that the mere pendency of the recall applications filed by the petitioner shall not be treated as a stay of the proceedings in Appeal pending before the Settlement Officer of Consolidation who shall decide the said appeal in accordance with law and any order passed by Settlement Officer in Appeal shall be subject to the decision passed on the recall application filed by the petitioners.
Order Date :- 30.7.2019 IB