BHULLAN Vs. D.D.C., GHAZIPUR AND OTHERS

JUDGEMENT

(1.) Heard Sri M.R. Gupta, learned Advocate in support of this writ petition and Sri Ashok Kumar, learned Advocate in opposition thereof.

(2.) Matter is listed under the heading 'Orders' but as petitioner has come to this Court for very small cause and that is against the order of remand by which fresh adjudication has peen directed, this Court is of the view that as sixteen year has already passed, keeping the matter pending for further time will not be in the ends of justice and that is to cause injury to both sides and therefore, by noticing the facts in brief writ petition is being disposed of.

(3.) After the start of the consolidation proceedings, an order of mutation is said to have been passed in favour of petitioner's side by Assistant Consolidation Officer. Objection was filed by the respondents before the Consolidation Officer claiming for entry of their names in view of the pedigree as shown. Consolidation Officer rejected objection on the ground that some order has been passed by the Assistant Consolidation Officer and thus so long that is not set aside nothing can be done. Respondents filed appeal against the order of the Consolidation Officer which was dismissed on technical ground that record/order of the Assistant Consolidation Officer is not available. Deputy Director of Consolidation on filing revision, by the impugned order remitted the matter to the Settlement Officer Consolidation f6r deciding the claim of the parties on merits after getting the record reconstructed, if it is required to be done so.