FARMUDI Vs. SETTLEMENT OFFICER OF CONSOLIDATION RAMPUR

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri Rahul Sahai, learned Counsel for the petitioner, Sri M. Islam and Sri Ram Krishna Mishra, who have appeared for the contesting respondents. Both the writ petitions having been heard together are being decided by this common judgment.

(2.) IN first writ petition, i. e. , Writ Petition No. 52332 of 2002, a prayer has been made for quashing the order dated 3rd September, 2002 passed by the District Magistrate on the report submitted by the Officer IN-charge, Revenue Record Room. IN second writ petition prayer has been made for quashing the order dated 22nd August, 2001 passed by Consolidation Officer, order dated 24th March, 2003 passed by Settlement Officer of Consolidation and the order dated 29th August, 2003 passed by Deputy Director of Consolidation.

(3.) LEARNED Counsel for the petitioner, challenging the order of the District Magistrate, dated 3-9-2002, contended that the said order was also passed on the report of the Officer In-charge, Revenue Records without any opportunity to the petitioner. He submits that the recommendations dated 3-9-2002 were both for cancelling the Amal Daramad and for lodging the First Information Report, which could not have been done without any opportunity or notice to the petitioner.