Court No. - 9
Case :- WRIT - B No. - 1666 of 2021 Petitioner :- Prem Singh And 8 Others Respondent :- Deputy Director Of Consolidation And 24 Others Counsel for Petitioner :- Deepak Kumar Jaiswal Counsel for Respondent :- C.S.C.,Keshari Nath Tripathi
Hon'ble Salil Kumar Rai,J.
The Vakalatnama filed by Sri Lovelesh Kumar Verma, Advocate on behalf of respondent no. 3 is taken on record.
Heard the counsel for the parties.
The present writ petition has been filed challenging the orders dated 5.5.2015 passed by the Settlement Officer of Consolidation whereby the Settlement Officer of Consolidation has set-aside the orders dated 23.11.2002 and 29.11.2007 passed by the Consolidation Officer and has remanded back the matter to the Consolidation Officer to pass fresh orders in accordance with law in the objections filed before the Consolidation Officer. The consequential revision filed by the petitioners and the restoration applications have also been rejected by the Deputy Director of Consolidation. The order passed by the Deputy Director of Consolidation has also been challenged in the present writ petition.
A reading of the order dated 5.5.2015 passed by the Settlement Officer of Consolidation shows that the matter has been remanded back to the Consolidation Officer as the orders have been passed by the Consolidation Officer without inspecting the spot and without considering the village records.
There is no illegality in the remand order so as to occasion interference by this Court under Article 226 of the Constitution of India as the Settlement Officer of Consolidation has taken relevant factors into consideration while remanding back the matter to the Consolidation Officer.
The petitioners shall have the opportunity to present their case before the Consolidation Officer and the order passed by the Settlement Officer of Consolidation does not finally determine the rights of the parties.
In view of the aforesaid, no illegality was committed by the Deputy Director of Consolidation in rejecting the revision filed by the petitioners.
The writ petition lacks merit and is, hereby, dismissed.
Order Date :- 7.10.2021/Satyam