Court No. - 5
Case :- WRIT - B No. - 3627 of 2018 Petitioner :- Ranjeet And 2 Others Respondent :- Deputy Director Of Consolidation And 8 Others Counsel for Petitioner :- Dan Bahadur Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioners have referred this writ petition against an interlocutory order of the Deputy Director, Consolidation dated 20.2.2018 whereby revisional court has issued notice to the opposite parties and has fixed 16.3.2018 for hearing. The petitioners have raised a preliminary objection before the Deputy Director, Consolidation that the revision was not maintainable against the remand order.
The D.D.C. following the judgment of a Division Bench in the case of Deena Nath and others v. Deputy Director of Consolidation, Ballia and others, 2010 (110) RD 584, wherein the Court had answered a reference that an order in appeal under Section 11 of the U.P. Consolidation of Holdings Act, 1953 by the Settlement Officer, Consolidation deciding the appeal finally by setting aside the order of the Settlement Officer, Consolidation and remanding the matter to the Consolidation Officer is not an interlocutory order within the meaning of Section 48 of the Act, 1953 and hence the revision is not barred against such order under Section 48 of the Act.
The D.D.C. has turned down the preliminary objections following the aforesaid decision. I do not find any error in the order of the D.D.C.. In the instant case also the S.O.C. has set aside the order passed by the Consolidation Officer dated 10.4.2005 and has remanded the matter back to him to decide it afresh.
In view of the above, the writ petition lacks merit and it is accordingly dismissed.
No order as to costs.
Order Date :- 24.4.2018 Digamber