ABDUL KARIM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel.

(2.) Challenge in this petition is the judgment of the Deputy Director of Consolidation, Basti, dated 27.11.2002 by which, by dismissing the revision filed by the petitioner, the order of the Assistant Settlement Officer, Consolidation, dated 29.5.2002 has been maintained.

(3.) There happens to be no dispute on the facts which can be summarised thus. The Assistant Consolidation Officer passed an order on 11.10.1997 under Section 12 of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act) on the basis of reconciliation. Thereafter, de-notification under Section 52 of the Act took place on 15.2.1999. The petitioner filed appeal after the de-notification referred above on 16.4.1999. A preliminary objection was raised on behalf of the present petitioner that as the appeal has been filed after the de-notification under Section 52 of the Act and, therefore, it is not maintainable and thus, it is liable to be dismissed as such. The application so moved by the petitioner for dismissal of the appeal being not maintainable was rejected by the Assistant Consolidation Officer, Consolidation, on 29.5.2002 which has been affirmed by the Deputy Director of Consolidation by dismissing the revision by the judgment dated 27.11.2002, These two orders of the Assistant Settlement Officer, Consolidation and the Deputy Director of Consolidation are under challenge in this petition.