NANKU Vs. DISTRICT DDC642

JUDGEMENT

(1.) Through this writ petition, the petitioners have prayed for issuing writ of certiorari quashing the order dated 9.7.2012, passed by Collector/Deputy Director of Consolidation, Banda in Revision No. 51 (Nanku and others v. Ramji). In the revision, order dated 8.4.2010 was under challenge, by which the petitioners' application filed before the Consolidation Officer for allowing the acceptance of the written statement was rejected. The facts giving rise to this case are that, it appears that an objection was filed by the petitioners' father under section 9-A(2) before the Consolidation Officer. The said objection was allowed on 18.7.1995.

(2.) Challenging the aforesaid order, the highly belated appeal was filed by the father of respondent No. 3 after twenty two years. The aforesaid appeal was allowed and the matter was remitted before the Consolidation Officer for deciding the case afresh after hearing both the parties. It appears, after remand before the Consolidation Officer, respondent No. 3 has filed additional written statement, which has been accepted by the Consolidation Officer. The petitioners, herein, have filed an objection that without leave of the Court, no written statement could be filed before the Consolidation Officer. The said objection was rejected on 8.4.2010 and the revision filed against the said order has also been dismissed as not maintainable.

(3.) Learned Counsel for the petitioners submits that the Consolidation Officer as well as the Deputy Director of Consolidation, both, have erred in not allowing the petitioners' objection with respect to accepting the additional written statement filed after the order of remand.