Heard Mr. D.C.Mukerjee, learned counsel for the petitioner and Mr. Janardan Prasad, learned counsel for opposite party no.3 as well as learned Standing counsel.
Issue notice to opposite parties 4 to 9.
The learned counsel for the petitioner submits that the order impugned has been passed on the ground of earlier order which is an ex parte order, whereas upon perusal of the order passed by the Settlement Officer Consolidation, Sultanpur on 18.1.2006 it appears that he heard the Assistant District Counsel as well as counsel for the opposite parties.
Though Mr. Janardan Prasad, learned counsel for opposite party no.3 still disputes that a separate appeal filed by the opposite party no.3 is still pending and the same has not been decided so far but keeping in view the observations made by the Settlement Officer Consolidation that all the parties including Assistant District Government Counsel was heard, prima facie, I am of the view that the matter requires interference by this court. Therefore, I hereby stay the operation of order dated 16.9.2009 passed by the Assistant Settlement Officer Consolidation, Sultanpur (Annexure No.1) till the next date of listing.. List on 22.1.2010 along with writ petition no. 96 of 2009 (Cons). On that date, learned Standing counsel shall produce the record of proceeding of case i.e. Appeal No. 6712 which has been decided by the Settlement Officer Consolidation, Sultanpur on 18.1.2006 .
Order Date :- 13.1.2010 GSY