CHOB SINGH Vs. D D C ETAH

JUDGEMENT

(1.) B. Dixit, J. Two short questions arise for determination in this case. First question is as to whether Settlement Officer Consolidation can decide an appeal filed under Section 9-B of U. P. Consolidation of Holdings Act, 1953 (in short 'act') without making local inspection and the second is as to whether an order passed with the consent of parties under Section 9-B of the Act can be chal lenged in appeal or revision. The questions for determination arises as learned counsel for petitioner argued that the Settlement Officer Consolidation decided appeal without making local inspection and that no appeal or revision lay against an order passed with the consent of parties. As counter-affidavit and rejoinder-af fidavit have been exchanged, therefore, the writ petition is being finally disposed of at the stage of admission in accordance with rules of the court.

(2.) SECTION 9-B of the Act reads as follows: "9-B. Disposal of objections on the Statement of Principles.- (1) Where objections have been filed against the Statement of Principles under SECTION 9, the Assistant Consolidation Officer shall, after affording opportunity of being heard to the parties concerned and after taking into con sideration the view of the Consolidation committee, submit his report to the Consolidation Officer, who shall dispose of the objections in the manner prescribed. (2) Where no objections have been filed against the Statement of Principle within the time provided therefore under SECTION 9, the Consolidation Officer shall, with a view to examining its cor rectness, make local inspection of the unit, after giving due notice to Consolidation Committee, and may thereafter make such modifications or alterations in the Statement of Principles as he may consider necessary. (3) Any person aggrieved by an order of the Consolidation Officer under sub-section (1), or sub-section (2), may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, whose decision, except as otherwise provided" by or under this Act, shall be final. (4) The Consolidation Officer and the Settlement Officer, Consolidation, shall, before decid ing an objection or an appeal make local inspection of the unit after giving due notice to the par ties concerned and the Consolidation Committee. " It is apparent from bare perusal of section 9-B (4) that the Settlement Officer Consolidation is required to make local inspection of the unit, after notice to the parties concerned as well as Consolidation Committee before deciding the appeal. It is a mandatory requirement in view of express provision in the Act. Admittedly, no local inspection was made by Settlement Officer Consolidation before deciding appeal and, therefore, it is held that he disposed of the ap peal without complying with necessary mandatory requirement of local inspec tion. The impugned order is to be quashed on this ground alone.

(3.) FOR aforesaid reasons the writ petition succeeds and is allowed. The order, dated 1. 3. 95 passed by Deputy Director of Consolidation, Etah is quashed and the case is sent back to the Settlement Officer Consolidation to dispose of the appeal afresh in the light of aforesaid observations.