WPMS/1807/2022
2022 Latest Caselaw 2387 UK

                Office Notes,
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                                  WPMS No. 1807 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. A.K. Sharma, learned counsel for the petitioner.

Heard learned counsel for the petitioner and perused the record.

Petitioner filed a transfer application under Rule 65 of U.P. Consolidation of Holdings Rules, 1954 for transfer of an Appeal from the Court of Settlement Officer, Consolidation, Haridwar to some other Court. On the said application, Board of Revenue issued notice and passed an interim order on 21.06.2022, whereby demarcation proceedings were stayed. Subsequently, on an application filed by respondent, the stay order was vacated vide order dated 11.07.2022.

The said order has been challenged in the present writ petition on the ground that Consolidation Courts cannot review their order.

This Court does not find any substance in the challenge thrown to the impugned order. Although there cannot be any quarrel with the proposition that Consolidation Courts do not have power to review their own order, however, in the present case, an interim order is vacated or modified, and it is not the case, where an order/judgment deciding a lis has been reviewed or recalled, therefore, the submission advanced by learned counsel for the petitioner does not hold any substance.

Since the transfer application is still pending before the Board of Revenue, therefore, the writ petition is disposed of with a request to Board of Revenue to decide transfer application at any early date, preferably within three months from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 01.08.2022 Aswal