Supplementary affidavit filed today, is taken on record.
Notice on behalf of respondent-1 has been accepted by Chief Standing Counsel.
Issue notice to respondents -2 to 5.
Counsel for the petitioner submits that name of Jaswant was recorded in column -9 of the khatauni. The Consolidation Officer by order dated 4.1.1989 deleted the entry of the name of Jaswant. Thereafter the chaks were carved out in the names of the petitioners and possession was given over it. Jaswant never challenged the order dated 4.1.1989 during his life time. After his death, his sons filed an appeal on 12.5.2006 along with delay condonation application. Settlement Officer Consolidation by order dated 12.5.2006 partly allowed the appeal only in respect of plot no. 1360/1 area 1 bigha and remanded the matter for trail before the Consolidation Officer. However, when the matter was came up before the Consolidation Officer, an objection was filed by the respondents in respect of plot no. 735/1, 735/8 and 360/3 afresh. The Consolidation Officer entertained the objection in respect of the aforesaid plots also and by order dated 6.2.2009 maintained the entry of column 9 in favour of respondents. The petitioner challenged the aforesaid order in appeal which was dismissed by the Settlement Officer Consolidation by order dated 5.10.2009. The petitioner filed a revision against the aforesaid order which was allowed by the Deputy Director of Consolidation by order dated 16.3.2010 and the matter has been remanded to the Consolidation Officer for giving opportunity of evidence to the parties and deciding it afresh. After remand the Consolidation Officer again by order dated 9.8.2012 directed for recording the names of respondents over plot no. 735/4, 1297 and 1306/3. The petitioner challenged the aforesaid order in appeal which was allowed by the Settlement Officer Consolidation by order dated 26.11.2012 holding that the Consolidation Officer has illegally included new plots after remand. The respondents filed a revision against the aforesaid order which was allowed by the Deputy Director of Consolidation by order dated 14.6.2016 and the orders of Consolidation Officer dated 9.8.2012 and Settlement Officer Consolidation dated 26.11.2012 were set aside and the matter has been remanded to Consolidation Officer for deciding the dispute afresh.
The counsel for the petitioner submits earlier the appeal was allowed only in respect of one plot i.e. plot no. 1360/1 area 1 bigha. The order of Consolidation Officer in respect of remaining plots has become final which could not be re-opened after remand of the matter.
The matter requires consideration.
Till the next date of listing, the operation of the order dated 14.6.2016 shall remain stayed.
Order Date :- 7.9.2016 Rahul /-