Nagesh Kumar Singh And 2 Others vs Deputy Director Of Consolidation ...
2021 Latest Caselaw 8320 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - B No. - 461 of 2021
 

 
Petitioner :- Nagesh Kumar Singh And 2 Others
 
Respondent :- Deputy Director Of Consolidation And 6 Others
 
Counsel for Petitioner :- Babu Ram Yadav,Raj Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Salil Kumar Rai,J.

The present writ petition has been filed challenging the order dated 9.8.2017 passed by the Settlement Officer of Consolidation, New Unit Jaunpur allowing the restoration application filed by respondent nos. 3 & 4 and the order dated 5.11.2020 passed by the Deputy Director of Consolidation, Jaunpur dismissing the consequential revision filed by the petitioner.

The application was filed by respondent nos. 3 & 4 for recall of the order dated 6.2.2017 passed by the Settlement Officer of Consolidation in appeal. The order has been recalled and the appeal has been restored to its original number for the reason that the order sheet of the case indicated that the applicants i.e., the respondent nos. 3 & 4 were not given opportunity of hearing and the final order in the appeal were passed without hearing the respondent nos. 3 & 4. The order sheet of the case indicated that notices were issued fixing 13.1.2017 but there is no recital in the order sheet regarding proceedings of the case from 13.1.2017 to 28.1.2017. Further, though the final order passed in the appeal recites that the appeal filed by the respondent nos. 3 & 4 was allowed but the amended schedule appended to the order of the appellate authority indicates that the chaks as sought by the appellants had not been allotted to them. In other words, the amended schedule did not tally with the judgment of the appellate court.

After considering the aforesaid material, the appellate court has held that the records did not indicate that any opportunity of hearing was given to the respondents/applicants in the appeal and has therefore, recalled its previous order and restored the appeal to its original number for hearing on merits. The findings recorded by the appellate court are based on evidence on record. The proceedings instituted through order dated 9.8.2017 recalling the initial order passed in appeal are not proceedings for review of the initial order.

The order dated 9.8.2017 is a reasoned order and is also an interlocutory which does not finally decide the rights of the parties.

In the circumstances, the revisional Court rightly refused to interfere in the aforesaid order in the revision filed by the petitioner. There is no illegality or jurisdictional error in the orders passed by the consolidation authorities.

The writ petition lacks merit and is dismissed.

Order Date :- 20.7.2021

IB