FAROOQ Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for direction to set aside the order dated 05.06.2002 passed by respondent No. 1 in Revision No. 52/06 of 1999-2000, Jasveer Singh & others v. Narvel Rajendra Prakash.

(2.) Brief facts of the case, according to the petitioners, are that Settlement Officer Consolidation approved the reference on 20.09.1996. Mr. Ram Pal moved an application before the Settlement Officer Consolidation with a prayer to review the order dated 20.09.1996. The review application was partly allowed vide order dated 20.11.1997 whereby the Settlement Officer Consolidation accepted the request of Rampal by giving him plot No. 280. The order dated 20.09.1996 and 20.11.1997 were assailed by filing a revision before the Deputy Director Consolidation and the same was allowed only on one ground that order of Settlement Officer Consolidation is without jurisdiction, since he has no power to accept the reference under Section 48(3) of the U.P. Consolidation of Holding Act (in short 'Consolidation Act'). Therefore, aggrieved by the said order, present writ petition has been filed by the petitioner.

(3.) I have heard learned counsel for the parties and perused the record. The only dispute is to be decided by this Court in the present writ petition is whether the Deputy Director Consolidation or the Settlement Officer Consolidation has power to accept the reference under Section 48(3) of the Consolidation Act. In order to resolve the sole controversy, it is necessary to mention the provision of Section 48(3) of the Consolidation Act, the same is quoted below:--