Court No. - 9
Case :- WRIT - B No. - 61132 of 2016 Petitioner :- Munney Khan Respondent :- Deputy Director Of Consolidation Ghaziabad And 19 Others Counsel for Petitioner :- Tawvab Ahmed Khan Counsel for Respondent :- C.S.C.,Girijesh Kumar Gupta,Shiv Shankar Pd Gupta AND Case :- WRIT - B No. - 61165 of 2016 Petitioner :- Munney Khan Respondent :- Deputy Director Of Consolidation Ghaziabad And 19 Others Counsel for Petitioner :- Tawvab Ahmed Khan Counsel for Respondent :- C.S.C.,Girijesh Kumar Gupta,Shiv Shankar Pd Gupta
Hon'ble Salil Kumar Rai,J.
The present writ petitions have been filed challenging the orders dated 26.6.2013 passed by the Settlement Officer of Consolidation, Ghaziabad (hereinafter referred to as, 'S.O.C.') as well as the order dated 26.7.2016 passed by the Deputy Director of Consolidation, Ghaziabad (hereinafter referred to as, 'D.D.C').
Through the order dated 26.6.2013, the S.O.C. had set aside the order passed by the Consolidation Officer, Ghaziabad (hereinafter referred to as, 'C.O.') and had remanded back the matter to the C.O. to pass fresh orders in accordance with law after giving an opportunity of hearing to the interested parties. The revision against the said order has been dismissed by the D.D.C. vide his order dated 26.7.2016 on the ground that the order passed by the S.O.C. was interlocutory order and did not finally decide the rights of the parties.
There is no illegality in the order dated 26.7.2016 passed by the D.D.C. and the order dated 26.6.2013 passed by the S.O.C.
The parties shall have the opportunity to present their case before the C.O., who shall pass appropriate orders on merits.
In view of the aforesaid, it is not a fit case for interference by this Court under Article 226 of the Constitution of India and the challenge to the orders dated 26.6.2013 passed by the Settlement Officer of Consolidation, Ghaziabad and the order order dated 26.7.2016 passed by the Deputy Director of Consolidation, Ghaziabad is rejected.
However, in the interest of justice and in view of the fact that the dispute between the parties is pending before the consolidation authorities since long, the Consolidation Officer, Ghaziabad is directed to decide the case remanded back to him through order dated 26.6.2013 passed by the S.O.C. within a period of six months from the date a copy of this order is produced before him.
With the aforesaid direction, the writ petitions are
disposed of.
Order Date :- 20.9.2021 Anurag/-