LAWS(ALL)-2013-10-84

GANGA RAM Vs. CONSOLIDATION COMMISSIONER

Decided On October 03, 2013
GANGA RAM Appellant
V/S
CONSOLIDATION COMMISSIONER Respondents

JUDGEMENT

(1.) HEARD Sri S. K. Sharma for the petitioner.

(2.) THE writ petition has been filed for quashing the order of Consolidation Commissioner, U.P. dated 15.04.2013, by which the application filed by the petitioner for taking action against the Consolidation Officer, has been rejected.

(3.) THE petitioner moved an application before the Consolidation Commissioner, U.P. dated 10.5.2011 (wrongly typed as 10.05.2010), making complaint against the Consolidation Officer and taking action against him, for entertaining the restoration application of Chiraunji Lal and allowing it by order dated 04.02.2011, exparte without any notice to the petitioner and during pendency of the appeal against the order dated 04.12.2010, before Settlement Officer Consolidation, from where operation of the order has also been stayed. The petitioner filed an application with his affidavit that the date typed as 10.05.2010 was an typographical error and should be read as 10.05.2011. When no decision was taken on the application dated 10.05.2011, the petitioner filed a Writ B No. 65088 of 2012, in which, this Court by order dated 13.12.2012 directed the Consolidation Commissioner to decide the complaint made by the petitioner within a period of six months. In the order, it has been clarified that the Consolidation Commissioner is free to decide the maintainability of the complaint and pass an independent order.