LAWS(ALL)-2014-2-107

KALP NATH Vs. COLLECTOR/ D D C

Decided On February 20, 2014
Kalp Nath Appellant
V/S
Collector/ D D C Respondents

JUDGEMENT

(1.) HEARD Sri Rama Nand Pandey for the petitioners and Sri A.K. Gupta and Sri Rakesh Kumar Srivastava for the contesting respondents.

(2.) THE writ petition has been filed against the order of the Settlement Officer, Consolidation dated 3.11.2010 allowing the appeal and remanding the case to the Consolidation Officer for fresh decision on merit after considering the evidence on record and the Deputy Director of Consolidation dated 21.10.2013 by which the revision filed by the petitioners has been dismissed as not maintainable being a revision against an interlocutory order.

(3.) IN reply to the aforesaid arguments, counsel for the respondents submits that the revision is not maintainable. In any case the remand order was not causing any injustice to any of the parties as such no interference is required by this Court. He further submits that before the Deputy Director of Consolidation, the petitioners themselves were not present. In case they feel any grievance against the order of Deputy Director of Consolidation they have the remedy of filing a recall application before the Deputy Director of Consolidation itself and the writ petition is not maintainable.