HANUMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Murli Dhar Mishra, learned counsel for the petitioners, Sri B.R.P. Sharma, learned counsel for respondent Nos. 3 and 4 and learned Standing Counsel for respondent Nos. 1 and 2.

(2.) With the consent of the parties, writ petition is being heard and decided finally at the admission stage.

(3.) Learned counsel for the petitioners submitted that in the revision under Sec. 48 of the U.P.C.H. Act filed at the instance of respondent Nos. 3 and 4 in which petitioners were opposite parties, was allowed without substitute the heir of deceased- Bhagwan Das and the revision was allowed and the matter was remanded back to the Consolidation Officer for fresh decision. He further submitted that in view of the provisions contained under Sec. 48 of the U.P.C.H. Act, the Deputy Director of Consolidation himself can decide the revision on merit in place of remanding the matter back to the Consolidation Officer.