Court No. - 19
Case :- WRIT - B No. - 2302 of 2019 Petitioner :- Mahendra Singh And Another Respondent :- Deputy Director Of Consolidation Gautam Budh Nagar And 7 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners.
The present writ petition has been filed against the order dated 21.5.2019 passed by the Deputy Director of Consolidation as well as against the order dated 1.9.2016 passed by the Consolidation Officer.
Through order dated 1.9.2016, the Consolidation Officer has recalled his previous order dated 4.9.1998 on the ground that the said order was passed ex-parte against the respondents. The revision filed by the petitioners against the order dated 1.9.2016 has been dismissed by the Deputy Director of Consolidation through his order dated 21.5.2019. The order dated 1.9.2016 is an interlocutory order and does not finally decide the rights of the parties and the Revision was rightly dismissed by order dated 21.5.2019. It is not a fit case for interference by this Court under Article 226 of the Constitution of India.
However, in the interest of justice, the Consolidation Officer, Gautam Budh Nagar, i.e., respondent no. 2 is directed to decide the case pending before him under Section 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 within a period of six months from the date a certified copy of this order is produced before him.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 26.9.2019 Satyam