Heard Sri V.K. Pandey, learned counsel for petitioner, learned State counsel as well s Sri M.P. Yadav, learned counsel for respondents and perused the record.
Facts in brief of the present case that against the order passed by Assistant Consolidation Officer, three appeals were filed, namely, Appeal No. 1128/2000 (Dhamman Kha and others Vs. Hasan Kha and others), Appeal No. 1129/2000 (Dhamman Kha and others Vs. Hasan Kha and others) and Appeal No. 1328 of 87 (Ali Hasan Kha and others Vs. Sayra bano and others) along with application for condonation of delay. Settlement Officer has consolidated all the three appeals and condoned the delay with the finding that in the interest of justice, it is appropriate to hear all the appeals on merit by order dated 15.11.2000. The said order has been challenged by the petitioners by filing revision before Upper Ziladhikari/Dy. Director of Consolidation, Kheri, dismissed by orderr dated 08.02.2001.
After hearing learned counsel for parties and going through the record, I do not find any illegality or infirmity in the impugned order under challenge in the present writ petition as in the present case, the delay in filling the appeals has been condoned by the Settlement Officer Consolidation, Kheri by order dated 15.11.2000, affirmed in a revision because the parties have got ample opportunity and free to put forward their case before Settlement Officer Consolidation, Kheri, so at this stage, no legal injury has been cause to the petitioner. Accordingly, I do not find any illegality or infirmity in the same while exercising power of judicial review under Article 226 of the Constitution of India (See Kanhaiya Lal Tiwari vs. Central Administration Tribunal 2010 (28) LCD 283 and State of West Bengal vs. A. K. Shaw, (AIR 1990 SC 2205) .
For the foregoing reasons, the writ petition is dismissed with a direction that Settlement Officer, Kheri shall allow the parties to raise their objections in the appeal, thereafter decide the same on merit expeditiously, say, within a period of one year from today.
For a period of one year or till the decision taken by the Settlement Officer Consolidation, Kheri whichever is earlier, parties are directed to maintain status quo, as exits today, in respect of land in dispute.
Order Date :- 20.4.2016/Ravi/