FATEH MOHAMMAD Vs. ZAFAR

JUDGEMENT

(1.) Heard Shri M.A., Siddiqui, learned counsel appearing for review-applicant nos.1 to 5 and also for opposite parties nos. 15, 16 and 17. Shri S. C. Srivastava and Shri Fareed Ahmad have also been heard for respondent nos.1/1, 1/2, 1/3, 1/4, 2, 4, 5, 6, 7, 8, 9, 10 and 11.

(2.) This petition seeks review of the judgment and order dated 30.07.2008, passed by this Court, whereby Writ Petition No.226 (Cons) of 2003 filed by late Shri Ziyaullah and others, was disposed of with the direction to the Consolidation Officer to decide the pending matters on merits. The said order appears to be based on a concession recorded by the Court which was made on behalf the learned counsel, who represented the respondents in the writ petition. The Court while passing the order dated 30.07.2008 has observed that there is no serious objection to the prayer made by the petitioners from the respondents that interest of justice would be served, if all the matters are remanded to the Consolidation Officer for decision of the case afresh on merits after giving opportunity of hearing to the parties concerned and appreciating the evidence to be led before him.

(3.) Relevant extract of the order dated 30.07.2008 is quoted herein below: