Court No. - 9
Case :- WRIT - B No. - 1055 of 2021 Petitioner :- Hoshiyar Singh And Others Respondent :- The Deputy Director Of Consolidation And Others Counsel for Petitioner :- Jata Shankar Pandey
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners and Shri Deepak Gaur, counsel for the Gaon Sabha.
The present writ petition has been filed challenging the orders dated 3.11.2018, 7.1.2019 and 17.2.2021 passed by the Deputy Director of Consolidation.
The cumulative effect of the aforesaid orders is that the dispute between the petitioners and the Gaon Sabha stands remanded back to the Consolidation Officer with a direction to decide the case afresh after giving an opportunity of hearing to the parties and to produce their evidence.
The disputed plots i.e., Plot Nos.1372/1, 1272/2 and Plot No.1587 were recorded as Banzar in 1359 Fasli and therefore, vested in Gaon Sabha. The records of the case indicate that the subordinate consolidation authorities had accepted the claim of the petitioners on the aforesaid plots without giving any opportunity of hearing to the Gaon Sabha.
In the circumstances, no illegality has been committed by the Deputy Director of Consolidation in remanding back the matter to the Consolidation Officer to pass fresh orders after giving an opportunity of hearing to the Gaon Sabha.
Apart from the aforesaid, the impugned orders do not finally decide the rights of the parties and are interlocutory in nature and therefore, it is not a fit case for interference by this Court under Article 226 of the Constitution of India.
The writ petition lacks merit and is dismissed.
Order Date :- 27.7.2021 IB Digitally signed by Justice Salil Kumar Rai Date: 2021.07.27 17:51:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad