SUBBA Vs. DEPUTY DIRECTOR OF CONSOLIDATION BALLIA

JUDGEMENT

(1.) -Heard Sri Abhishek Kumar, learned counsel for the petitioner and Sri Rahul Sahai, learned counsel for the contesting respondents.

(2.) BY this writ petition, the petitioner has prayed for quashing the order dated 27.7.2007, passed by the Deputy Director of Consolidation rejecting the objection raised by the petitioners regarding maintainability of the revisions filed by the respondent No. 2 before the Deputy Director of Consolidation under Section 48 of the U. P. Consolidation of Holdings Act, 1953 and the order dated 18.10.2007 by which the application to recall the order dated 27.7.2007 has also been rejected.

(3.) SRI Rahul Sahai, learned counsel for the respondents refuting the submission of learned counsel for the petitioner contended that Section 48 of the Act is wide enough to examine the correctness, legality or propriety of any order or of any case decided by subordinate authority hence, the order passed by the Settlement Officer, Consolidation under Rule 109 is also subject to such scrutiny. He further submits that the power of Section 48 of the Act cannot be whittled down by the provision of Rule 109 (3). Reliance has been placed by learned counsel for the respondent on the judgment of the Full Bench of this Court in the case of Shah Chaturbhuj v. Shah Mauji Ram, AIR 1938 All 456 ; Smt. Devi v. Board of Revenue, U. P. at Allahabad, 1972 RD 228 and Ram Pujan and others v. Dy. Director of Consolidation, Ghazipur and others, 2000 (91) RD 43 : 2000 (3) AWC 1950.