BUDHISAGAR Vs. D.D.C.

JUDGEMENT

(1.) Heard Mr. A. K. Srivastava, learned counsel for the petitioner, Mr. R.C. Singh, learned Senior counsel assisted by Mr. Narayan Dutt Shukla, learned counsel for the respondent Nos. 2/1 and 2/2 and learned Standing Counsel for the State- respondents.

(2.) Brief facts of the case are that proceeding under Rule 109-A of U.P. Consolidation of Holdings Rules, 1954 (hereinafter referred to as U.P.C.H. Rules) was initiated by Smt. Lagna. In the aformentioned proceeding, an order was passed by Consolidation Officer on 9/4/1991. Against the order of consolidation officer dtd. 9/4/1991, appeal under Rule 109-A(3) of U.P.C.H. Rules was filed by the petitioner before Settlement Officer Consolidation, which were registered as Appeal Nos. 42 and 43. The Settlement Officer of Consolidation stayed the operation of the order dtd. 9/4/1991 vide order dtd. 27/4/1991. In the aforementioned appeal, Settlement Officer of Consolidation passed an order dtd. 15/10/1992 by which interim order dtd. 27/4/1991 was set aside. Against the order dtd. 15/10/1992, petitioner filed an application for staying the operation of the order dtd. 9/4/1991 accordingly Settlement Officer of Consolidation vide order dtd. 3/3/1995 again stayed the operation of the order dtd. 9/4/1991 setting aside the order dtd. 15/10/1992. Village in question was again notified under Sec. 4 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the U.P.C.H. Act) Assistant Settlement Officer Consolidation vide order dtd. 2/3/1996 abated the proceeding of case No. 506 along with order dtd. 9/4/1991. A misc. application was filed by respondent No. 2-Darshana Devi before Deputy Director of Consolidation on 18/1/1999 accordingly Deputy Director of Consolidation called the report from Assistant Consolidation Officer who submitted his report on 19/5/1999 stating that proceeding of Amaldaramad has already been stayed by Settlement Officer Consolidation vide order dtd. 3/3/1995. Deputy Director of Consolidation vide order dtd. 10/9/1999/10/10/1999 directed to make Amaldaramad of the order date 15/10/1992 and record of the appeal was sent before Settlement Officer Consolidation for disposal. Petitioner filed an application for recalling the order dtd. 10/9/1999 before Deputy Director of Consolidation on the ground that order is ex-parte. Deputy Director of Consolidation vide order dtd. 7/6/20022 dismissed the restoration application. Hence this writ petition for the following relief:

(3.) This Court on 3/9/2002 admitted the writ petition and stayed the operation of the impugned order dtd. 10/9/1999.