Court No. - 19
Case :- WRIT - B No. - 2320 of 2019 Petitioner :- Raja Ram And 2 Others Respondent :- Settlement Officer Of Consolidation And 7 Others Counsel for Petitioner :- A.P.Singh Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for the petitioners.
The present writ petition has been filed against the order dated 26.6.2019 passed by the Settlement Officer of Consolidation, Azamgarh, i.e., respondent No. 1 in an appeal filed against the order passed by the Consolidation Officer exercising his powers under Rule 109-A(1) of the Uttar Pradesh Consolidation of Holdings Rules, 1954 (hereinafter referred to as, 'Rules, 1954'). It appears from the records that before the appellate court, the petitioners had raised the objection that the appeal was not maintainable and the Settlement Officer of Consolidation has accepted the aforesaid objection, but has proceeded to pass an order on merits setting aside the order passed by the Consolidation Officer. Even though, prima facie, the order passed by the Settlement Officer of Consolidation appears to be contrary to law and without jurisdiction inasmuch as no order on merits could have been passed, if the appeal was not maintainable, but the court is not expressing any opinion on the said issue as the petitioners have a remedy to file revision under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953 challenging the order dated 26.6.2019 passed by the Settlement Officer of Consolidation on all grounds, including the jurisdictional error in the order of the Settlement Officer of Consolidation.
In case, the petitioners file revision against the order dated 26.6.2019 passed by the Settlement Officer of Consolidation within one month from today, the revisional authority shall decide the same within a period of three months from the date of filing the revision.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 27.9.2019 Anurag/-