SUNDAR LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By means of this, writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the order dated 24.2.2000 passed by Deputy Director of Consolidation dismissing the revisions filed by them and various other persons and remanding the case back after setting aside the provisional consolidation scheme with a direction to the Assistant Consolidation Officer to prepare the same afresh after redetermining the valuation and exchange ratio. A further writ of mandamus has been claimed to direct the Deputy Director of Consolidation to decide the revisions filed by the petitioners on merits.

(2.) Briefly stated facts are as follows:

(3.) After publication of the provisional consolidation scheme the contesting respondent No. 8 along with 215 other tenure holders of the village filed objection against the provisional consolidation scheme on the ground that a large number of illegalities and irregularities were committed by the subordinate staffs in revision of field books, determination of valuation of the plots and exchange ratio. The Consolidation Officer after consolidating all the 216 objections decided the same by a common judgment dated 16.7.1992. It was held by the Consolidation Officer that material injustice will be caused to general tenure holders if the provisional consolidation scheme is given effect to and a fair and proper allotment of chaks to the tenure holders 'is not possible without prepartion of a fresh consolidation scheme after redetermining the valuation and the exchange ratio. The said judgement of the Consolidation Officer was challenged by filing three appeals. The Settlement Officer Consolidation consolidated the appeals and vide judgment dated 9.6.1995 dismissed the same.