Heard learned counsel for the petitioners.
This petition has been filed challenging the order dated 11.11.2020 passed by the D.D.C. by which, he has remanded the matter to the Consolidation Officer for fresh consideration on the basis of evidence led by both the parties i.e. petitioners and respondent no.2.
Learned counsel for the petitioner has tried to argue on the merit of the matter with regard to entitlement of respondent no.2 as widow of Late Murari Mohan to claim a share in the property, but this Court does not feel it appropriate in the absence of respondent no.2 to make any reference to the argument raised on the merit of the matter.
This Court is only considering the fact that the order passed by the D.D.C. has remanded the matter to the Consolidation Officer whereas in the revision, the respondent no.2 had made a prayer that the order of the Settlement Officer Consolidation dated 31.5.2018 be set aside and she be given opportunity to lead evidence before the Settlement Officer Consolidation.
It is not disputed that at least two Regular Suits have been filed by respondent no.2 for declaration to the effect that she is the widow of Late Murari Mohan which are pending before the Civil Court.
The right of respondent no.2, if any, when settled by the competent Civil Court, will have to be appreciated by the consolidation authorities also. However, this Court feels that remand of the matter to the Consolidation Officer would further prolong the agony of both the parties as Settlement Officer Consolidation while sitting in appeal is entitled to look into all evidence produced by both the parties.
It would be appropriate to modify the order passed by the D.D.C. to the effect that the matter is directed to be heard by the Settlement Officer Consolidation and not by the Consolidation Officer, therefore, this Court disposes of the writ petition by modifying the order dated 11.11.2020 impugned in this petition and directing that instead of remanding the matter to the Consolidation Officer as per the order impugned, the matter is remanded to the Settlement Officer Consolidation where both the parties shall appear and lead evidence with regard to their entitlement to the property of Late Murari Mohan.
The order impugned was passed two months ago and the D.D.C. has fixed the date of 28.11.2020 for appearance before the Consolidation Officer, therefore the petitioners are directed to produce a copy of this order before the Consolidation Officer, for him to send all the records in his possession before the Settlement Officer Consolidation and Settlement Officer Consolidation is directed to issue notice to respondent no.2 and give her proper opportunity of hearing before deciding the case.
It is expected that the case be decided by the Settlement Officer Consolidation within a period of six months from the date, notice is found to be served upon respondent no.2.
Order Date :- 25.1.2021 Sachin