SHIV BALAK Vs. DEPUTY DIRECTOR CONSOLIDATION UNNAO

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the orders dated 24.04.2010 passed by the Deputy Director of Consolidation (D.D.C) contained in Annexure No. 1. He further prayed to issue a writ of mandamus commanding the opposite parties to maintain status-quo in regard to the possession over the disputed land as per order dated 11.03.2005 passed by the S.O.C. (Settlement Officer Consolidation) and 07.08.1987 passed by the C.O. (Consolidation Officer).

(2.) HEARD learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 to 3 and perused the record.

(3.) LEARNED counsel for the petitioners challenged the findings of D.D.C. on the grounds that the D.D.C. was not empowered in Revision proceedings to set aside the concurrent findings of both the courts below. However, if he was of the opinion that both the courts below have not considered the arguments raised by the parties' counsel properly and some important evidence was ignored by the courts below in giving the findings, he himself was empowered to go through the entire record and give his own finding in the matter. No useful purpose is going to be served to remand the matter to the Consolidation Officer again to start second round of litigation between the parties.