SUBHASH CHANDRA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri M.D.Singh 'Shekhar', learned Senior counsel assisted Sri R.D. Tiwari, learned counsel for the petitioners, Sri Pradeep Kumar Tiwari, learned counsel appearing for respondent No.4 and learned Standing Counsel for the State respondents. Counsel for both the parties submits that in this case, at this stage, only a legal question is involved and the same may be decided without inviting any counter affidavit. Therefore, the writ petition is taken up for final disposal with the consent of learned counsel for the parties.

(2.) THROUGH this writ petition, petitioners have prayed for issuing a writ of certiorari quashing the order dated 26.12.2008 passed by Settlement Officer Consolidation (in short S.O.C.) in Appeal No.596 (Vidya Devi Vs. Ram Lolarak and others) and order dated 17.7.2012 passed by the Deputy Director of Consolidation (in short D.D.C) in Revision No.1965/2354/4086 (Subhash Chandra Vs. Smt. Vidya Devi and others). Vide order dated 26.12.2008, appeal filed by the respondent No.4 was allowed and the matter was remanded back to the Consolidation Officer for deciding the question of mutation after providing opportunity of hearing as well as leading the evidence etc. whereas by the subsequent order, petitioners' revision was dismissed.

(3.) SRI M.D.Singh 'Shekhar', learned Senior Counsel contends that the Deputy Director of Consolidation erred in maintaining the order of Settlement Officer Consolidation whereas the order dated 26.12.2008 passed by the Settlement Officer Consolidation was against the dead person and that was a nullity, in view of the decision of this Court in the cases of Aziz Mohammad (Dead)through Lrs. And another Vs. Deputy Director of Consolidation, Allahabad and others, 2008 (104) RD, 470 and Raj Narain and others Vs. Deputy Director of Consolidation, Ghazipur and others, 2009(106) RD 98. He has further contended that since the order is a nullity, therefore, the matter ought to have been remanded before the Settlement Officer Consolidation for deciding the appeal after substituting/ impleading the petitioners as respondent.