Court No. - 36
Case :- WRIT - B No. - 3045 of 2018 Petitioner :- Shiv Nath Respondent :- Deputy Director Of Consolidation And 03 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The present writ petition is directed against the remittal order dated 11.1.2018 wherein it is categorically recorded by the Deputy Director of Consolidation that the name of father of the revisionist was duly recorded in basic year 'khatauni'. CH From-23 was also prepared in the name of father of the revisionist. However, by making an entry in the remark column of CH Form-23, the names of opposite parties were recorded allegedly on the basis of an order passed in a proceeding under Section 9 of U.P. Consolidation of Holdings Act.
This order is sought to be challenged by the learned counsel for the petitioner on the ground that the delay in filing the appeal against the order dated 9.11.1979 (based on a compromise arrived between the parties) was not duly examined by the revisional court. The appellate court has rightly dismissed the appeal being highly time barred.
Dealing with this submission of learned counsel for the petitioner, it is suffice to note that the order dated 9.11.1979 has not been brought on record. On a pointed query made by the Court, learned counsel for the petitioner submits that the said order is not available and an enquiry is going on for fetching the same.
In view of the above statement made by the learned counsel for the petitioner, this Court does not find any justification to interfere in the remittal order.
The Settlement Officer Consolidation is required to verify from the records and to find out the genuineness/correctness of the order dated 9.11.1979 allegedly based on the compromise between the parties. The allegations of forgery in the Consolidation records shall be duly examined by the revisional court.
Lastly, learned counsel for the petitioner submits that a direction may be given to the Settlement Officer Consolidation to decide the appeal in a stipulated period.
In view of the said submission, the present writ petition is being disposed of with the direction to the Settlement Officer Consolidation to make an endeavour to decide the pending appeal, expeditiously, preferably within a period of 4 months from the date of submission of certified copy of this order after due verification of the records and affording opportunity of hearing to the contesting parties.
Order Date :- 27.3.2018/Brijesh