RAMDEO Vs. DEPUTY DIRECTOR OF CONSOLIDATION MIRZAPUR

JUDGEMENT

(1.) Aggrieved against order of remand passed by Deputy Director of Consolidation Petitioners have filed this petition under Article 226 of the Constitution of India. While passing remand order the Deputy Director of Consolidation directed Settlement Officer Consolidation to afford opportunity to parties in respect of pedigree which was disclosed before him and thereafter decide the appeal on merits.

(2.) Before considering whether direction issued by Deputy Director of Consolidation can be sustained or not it has to be seen whether revisional authority has committed any error in remanding case while exercising jurisdiction under Sec. 48. From the order of the revising authority it appears Petitioner had disclosed pedigree during pendency of the revision. The Deputy Director of Consolidation held that as no pedigree was disclosed before Consolidation Officer and Settlement Officer Consolidation except in the statement of opposite party it would be in the interest of justice that parties may be afforded an opportunity to lead evidence on the pedigree disclosed before him. It was further found by him that the witnesses examined on behalf of opposite party were rejected as they were of different caste. According to him the evidence of witnesses could not be discarded on this ground.

(3.) In recording both these findings the Deputy Director of Consolidation, in the circumstances of the case committed manifest error of law. It is not the disclosure of pedigree in plaint or objection but its narration in the statement, with source etc. which is material. When opposite party appeared he disclosed pedigree which is mentioned in the order of Consolidation Officer. The finding of Deputy Director of Consolidation therefore that no pedigree was disclosed appears to be erroneous. He should not have permitted opposite party to change the stand and set aside the order of consolidation authorities only because a different pedigree was set up presumably on a plain paper. The Deputy Director could have accepted additional evidence but in permitting opposite party to change pedigree and then without examining its authenticity Deputy Director of Consolidation committed an error in setting aside the finding on erroneous assumption that no pedigree was disclosed. It was not a case of accepting additional evidence but setting aside order just for an excuse.