JAGESHWAR Vs. DEPUTY DIRECTOR CONSOLIDATION LUCKNOW

JUDGEMENT

(1.) Heard Shri Abhinav Trivedi, learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel and Shri Anand Mani Tripathi, learned counsel for the respondent No. 4 assisted by Shri P. Venkatesh, Advocate. However, as far as respondent Nos. 5 to 10 are concerned, it is mentioned in the service report dtd. 23/10/2013 that notices were issued to them by speed post but neither any undelivered cover received back as yet and none appear for their behalf. It has also been apprised to this Court that Shri Sher Bahadur Yadav had filed vakalatnama on 17/5/2023 on behalf of respondent No. 4 but due to some inadvertence, respondent No. 6 was mentioned in place of respondent No. 4.

(2.) Present petition has been preferred for quashing of the judgment and order of the revisional Court dtd. 20/9/2012 passed by the Deputy Director Consolidation i.e. respondent No. 1 under Sec. 48 of the Consolidation and Holdings Act, 1953 (hereinafter referred to as, the Act, 1953) and the impugned judgment and orders dtd. 2/7/2010 and dtd. 31/10/2005 passed by the Settlement Officer (Consolidation). Quashing of the impugned judgment and order dtd. 28/7/2005 passed by the respondent No. 3-Consolidation Officer as well as the impugned order dtd. 4/7/2005 i.e. the order of remand passed by the Consolidation Officer have also been challenged.

(3.) At this stage, learned counsel for the petitioners has submitted that the petitioners may be permitted not to press the prayer made in the present petition as far as it is related to the quashing of the impugned orders dtd. 28/7/2005 and 4/7/2005.