Court No. - 19
Case :- WRIT - B No. - 2090 of 2019 Petitioner :- Yusuf Khan Respondent :- Deputy Director Of Consolidation And 10 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed against the order dated 8.7.2019 passed by the Deputy Director of Consolidation, Sambhal in Revision No.299 (Naseem Khan v. Yusuf Khan & Ors.). Through the order dated 8.7.2019, the Deputy Director of Consolidation has set aside the order passed by the Consolidation Officer restoring the case to its original number. Through the order dated 8.7.2019, the Deputy Director of Consolidation has also quashed the entire proceedings subsequent to the order of restoration passed by the Consolidation Officer and remanded back the matter to the Consolidation Officer to pass fresh orders in accordance with law and in the light of the observations made in the order passed by the Deputy Director of Consolidation. The revision was filed against the order dated 4.1.2019 whereby the petitioner was granted an opportunity to produce his evidence but the Deputy Director of Consolidation took suo motu cognizance of the proceedings and set aside the order of restoration passed by the Consolidation Officer.
There is no jurisdictional error in the order dated 8.7.2019 passed by the Deputy Director of Consolidation which has been passed in exercise of his powers under the Uttar Pradesh Consolidation of Holdings Act, 1953. Apart from the aforesaid, the order dated 8.7.2019 is a remand order which does not finally decide the rights of the parties.
In view of the aforesaid, the writ petition lacks merit and is dismissed.
The proceedings pending before the Consolidation Officer as a consequence of the order dated 8.7.2019 passed by the Deputy Director of Consolidation shall be completed by the Consolidation Officer within a period of four months from the date a certified copy of this order is produced before him by either of the parties.
Order Date :- 22.8.2019/Jyotsana