GANPATI SINGH Vs. DISTRICT MAGISTRATE, JALAUN AND OTHERS

JUDGEMENT

(1.) Heard counsel for the petitioner and learned Standing Counsel.

(2.) This petition has been filed challenging the order dated 16-6-1997 Annexure-1 to the writ petition by which Collector, Jalaun has directed that the orders passed by the Consolidation Officer, Sri Onkar Nath should not be given effect in revenue record. The reason for this order is that a large number of files pertaining to the consolidation cases were recovered from his residence after his transfer to other place. The said consolidation officer was passing forged order and ante-dating them. In our opinion, the direction of the Collector in the circumstances of the case is perfectly justified and warrant no interference under Art. 226 of the Constitution. However, if the petitioner has any right he may file a fresh objection before the Consolidation Officer which shall be considered and decided in accordance with law after hearing the concerned parties. It is made clear that the order should not be passed by Sri Onkar Nath, Consolidation Officer. We further direct that the District Magistrate, Jalaun at Orai shall conclude the enquiry in this matter against the Consolidation Officer, Sri Onkar Nath expeditiously and during the period of enquiry he should not be allowed to function as Consolidation Officer, Subject to the aforesaid, the petition is disposed of finally.

(3.) A copy of this order may be given to Sri Pradeep Kumar Gupta, learned Addl. Chief Standing Counsel for communication to Collector, Jalaun for compliance.