Court No. - 9
Case :- WRIT - B No. - 486 of 2021 Petitioner :- Ishwar Chandra Vidya Sagar Pandey Respondent :- Deputy Director Of Consolidation And Another Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present writ petition has been filed against the order dated 25.11.2020 passed by the Deputy Director of Consolidation, Basti whereby the Deputy Director of Consolidation has set- aside the order dated 12.10.2018 passed by the Settlement Officer of Consolidation, Basti and directed the Settlement Officer of Consolidation to decide, on merits, the appeal filed before him.
Through order dated 12.10.2018, the appellate court had remanded back the matter to the Consolidation Officer to pass fresh orders in the objections filed before him. The revisional court, holding that the appellate court had the power to decide the case on merits on the basis of evidence available on record, has set-aside the order passed by the Settlement Officer of Consolidation and has remanded back the matter to the appellate court to decide the case on merits.
The appellate court has the power to decide the dispute between the parties on merits on the basis of evidence available on record.
There is no illegality in the order passed by the Deputy Director of Consolidation so as to occasion interference by this Court under Article 226 of the Constitution of India.
The writ petition is dismissed.
Order Date :- 24.8.2021 Satyam