NAUBAT Vs. DEPUTY DIRECTOR OF CONSOLIDATION MORADABAD

JUDGEMENT

(1.) THIS writ petition is directed against the judgment dated 9.3.2005, passed by the Deputy Director of Consolidation and order passed on reference dated 7.6.2005, Annexures - 7 and 8 to the writ petition.

(2.) HEARD learned counsel for the petitioners and Sri Deepak Jaiswal as well as Sri Madhusudan Dixit, learned counsels appearing on behalf of Caveator -Opp. Parties.

(3.) IN reply to the same, learned counsels for the Caveator -Opp, Parties urged that judgment dated 17.10.2002 was passed on merits after giving opportunity of hearing to the petitioners. The judgment dated 22nd May, 2003 recalling judgment dated 17th October, 2002 and allotting Chak on merits amounts to review of earlier judgment of Settlement Officer, Consolidation which was also passed without giving opportunity of hearing to the contesting Respondents, and in any case no judgment on merit could be passed in the matter of allotment of Chak without giving opportunity of hearing to the affected parties. It is further urged that the judgment of Deputy Director of Consolidation was rightly passed in accordance with law.