DIBIYA Vs. SAHAYAK SANCHALAK CHAKBANDI

JUDGEMENT

(1.) LIST is revised. None appeared for the respondent. I have heard learned counsel for the petitioner.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorariquashing the order dated 6-4-1990 passed by Respondent No. 1 allowing the Revision filed by the contesting respondents.

(3.) I have considered the submissions made by the learned Counsel for the petitioner and also perused the record. Section 48 of the Act provides as under:- "48. Revision and reference.- (1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any subordinate authority for the purpose of satisfying himself as to the regularity of the proceedings; or as to the correctness, legality or propriety of any order other than an interlocutor order passed by such authority in the case or proceedings, may, after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit. (2) Powers under sub-section (1) may be exercised by the Director of Consolidation also on a reference under sub- section (3 ). (3) Any authority subordinate to the Director of Consolidation, may, after allowing the parties concerned an opportunity of being heard, refer the record of any case or proceedings to the Director of Consolidation for action under sub-section (1 ). Explanation.- (1) For the purposes of this section Settlement Officers, Consolidation, Consolidation Officers, Assistant Consolidation Officers Consolidator and Consolidation Lekhpals shall be subordinate to the Director of Consolidation. Explanation.- (2) For the purpose of this Section the expression 'interlocutory order' in relation to a case or proceeding, means such order deciding any matter arising in such case or proceeding or collateral thereto as does not have the effect to finally disposing of such case or proceedings. "