MAHENDRA KUMAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard counsel for the petitioner, learned Standing Counsel representing State and perused the record.

(2.) The present writ petition has arisen out of proceeding under Sec. 9A(2) of UP Consolidation of Holdings Act, 1953, wherein area of plot No. 1605 has been sought to be corrected.

(3.) Facts, in brief, are that the consolidation Officer vide order dtd. 3/5/2017 has rectified the area of plot No. 1605 admeasuring area 0.38 decimal. Against the said order, Nagar Palika (respondent No. 3) has filed an appeal, which was allowed and remanded by order dtd. 30/3/2019 (annexure No. 2) passed by the Settlement Officer of Consolidation. Being aggrieved against the order dtd. 30/3/2019, two revisions were preferred before the Deputy Director of Consolidation. First revision was filed by the present petitioners and the second revision was filed by the Nagar Palika. Deputy Director of Consolidation, vide impugned order dtd. 28/9/2021, dismissed the revision filed by the petitioner but partly allowed the revision filed by the respondent No. 3 and remitted the matter before the Consolidation Officer to examine the nature of the land as to whether plot in question is a non-ZA land.