SOMPAL Vs. DY DIRECTOR OF CONSOLIDATION BADAUN

JUDGEMENT

(1.) -Heard Sri A. P. S. Raghav, learned counsel for the petitioner and Sri Ved Mani Sharma, learned counsel appearing for the opposite party No. 3.

(2.) THE grievance of the petitioner before the Settlement Officer, Consolidation was that at the stage of Consolidation Officer, arrangement made resulted in excision of large part of land from the original holding of the petitioner i.e., Gata No. 201 and to his detriment, the petitioner has been allotted correspondingly lesser area from plot No. 197. THE Settlement Officer, Consolidation having regard to the detriments suffered by the petitioner at the stage of Consolidation Officer, amended the arrangement in appeal and the petitioner was allotted area out of plot No. 202 adjoining to his original holding vide order dated 28.12.2001. Since the amendment of the arrangement made in appeal by the Settlement Officer, Consolidation, affected the respondent No. 3, a revision was preferred before the Deputy Director of Consolidation who allowed the revision and thereby status quo ante was restored. It is in the above backdrop that the present petition has been preferred impugning the order passed by the Deputy Director of Consolidation.

(3.) AS a result, the petition is allowed and the impugned order is quashed. The matter is relegated to the Deputy Director of Consolidation with the direction to afford opportunity of hearing to the parties and adjudicate upon the matter after delving into each and every aspect having bearing on the controversy involved in the case within a period of three months from the date of production of a certified copy of this order. It needs hardly be said that the authority shall assign reason for his conclusions.