RAJA RAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Mr.Abid Ali, learned counsel for petitioners and Mr.V.S.Tripathi, learned counsel appearing for respondent nos.4 and 5 whereas learned Standing Counsel has put in appearance on behalf of respondent nos. 1,2 & 3.

(2.) This writ petition was filed in the year 1997 challenging the order dated 1.1.1997 passed by the Deputy Director of Consolidation as well as the order dated 16.9.1996 passed by the Settlement Officer of Consolidation and the order dated 24.3.1994 passed by the Consolidation Officer in the proceedings pertaining to the objections filed under Section 9A (2) U.P.C.H. Act. by the petitioners before the Consolidation Officer which were rejected and the appeal filed by the petitioners was dismissed and the appeal of opposite party no.4 was allowed. The revision filed by the petitioners against the order of Settlement Officer of Consolidation was also dismissed by the Deputy Director of Consolidation.

(3.) At the time of admission, the Court had entertained the writ petition on limited issue as to whether the Deputy Director of Consolidation while exercising jurisdiction under Section 48, U.P.C.H. Act can impose cost and whether the order for its recovery as arrears of land revenue is legally valid. As an interim measure, the Court had also provided that the amount of cost imposed by the Deputy Director of Consolidation by the impugned order shall not be recovered from the petitioners in any manner including as arrears of land revenue till further orders of the Court. The order dated 9.5.1997, on reproduction reads as under: