SITARAM Vs. DY DIRECTOR OF CONSOLIDATION VARANASI

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned Standing Counsel for the Respondent No. 1 and Sri Ashok Kumar, Advocate who has put in appearance on behalf of the Respondent Nos. 2 to 5.

(2.) The challenge is to the order of the Deputy Director of Consolidation dated 4.11.2010 whereby the order of the appellate authority dated 16.2.2009 has been set aside and the matter has been remanded back to the Settlement Officer, Consolidation to decide the appeal as directed therein.

(3.) The contention raised is that the interference of the Deputy Director of Consolidation is uncalled for, inasmuch as, the Settlement Officer, Consolidation has rightly set aside the order of the Consolidation Officer as the Consolidation Officer has recorded contradictory findings while setting aside the Issues Nos. 1, 2 and 3. The Settlement Officer, Consolidation found that while disposing of the matter, the inconsistency was clearly reflected in the order of the Consolidation Officer as the conclusions drawn are contrary to the facts that were found in favour of the Petitioner. The Officer further found that Issue No. 4 was also not founded on evidence adduced and, therefore, the same requires a reconsideration.