BALA DEVI Vs. D D C

JUDGEMENT

(1.) SRI Swarna Kumar Srivastava, has filed caveat on behalf of Deepak Kumar, respondent no.4, the only contesting respondent in the writ petition. He states that in the circumstances of the case, he does not propose to file any counter affidavit in the matter. Accordingly with the consent of the parties the writ petition is decided finally.

(2.) THE writ petition has been filed against the order of the Deputy Director of Consolidation dated 3.12.2013 by which the revision filed by the petitioner has been dismissed and at the same time in the garb of correcting the shape of chak an area of 0.050 hectare of plot no.922 has been taken from the chak of the petitioner and allotted in the chak of respondent no.4.

(3.) THE counsel for the petitioner submits that the consolidator inspected the spot in presence of the parties and the report was countersigned by Deepak Kumar on 19.8.2009. Deepak Kumar never filed any objection against the report dated 19.8.2009. The Deputy Director of Consolidation has procured a report behind the back of the petitioner in which no spot inspection was made in the presence of the petitioner and passed his order on the basis of this report, which is totally an ex parte report and no opportunity has been given to the petitioner for filing any objection against it. The conduct of the Deputy Director of Consolidation for calling the report on his oral direction behind the back of the petitioner is also mala fide. The judgment which is based upon this ex parte report is liable to be set aside. I have considered the arguments of the counsel for the parties and examined the record.