CHANDRA PAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION BAREILLY

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The Deputy Director of Consolidation has reversed the orders of the Settlement Officer, Consolidation and the Consolidation Officer on a mere doubt relating to the order passed by the Assistant Collector without any exercise having been undertaken to verify the correctness or otherwise of the proceedings before the Assistant Collector.

(2.) Learned counsel for the respondent No. 4 does not propose to file any counter-affidavit at this stage. Learned standing counsel for the respondent Nos. 1, 2 and 3 has also taken the same stand. In view of the consent of the parties, the matter is being disposed of finally at this stage.

(3.) From a perusal of the impugned order it is evident that the Deputy Director of Consolidation has proceeded on the basis of a mere doubt drawing inference from the nature of the order endorsed on the khatauni. In my opinion the Deputy Director of Consolidation ought to have investigated the matter further by calling for the records in evidence of the existence of such order, said to have been passed by the Assistant Collector which could have further clarified the situation. This has not been done. Therefore, the order impugned in the present writ petition dated 18.10.2011 is unsustainable and is hereby quashed. The Deputy Director of Consolidation is directed to decide the matter in the tight of the observations made herein above within a period of six months from the date of production of a certified copy of this order before him.