KALAWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Mohan Singh, who has put in appearance on behalf of respondent No.4, by way of filing his Vakalatnama, which is taken on record. With the consent of learned counsel appearing for the parties, this petition is being decided at the admission stage itself.

(2.) This petition seeks to challenge an order dated 23.10.2018, passed by the Deputy Director of Consolidation/Chief Revenue Officer, Gonda, whereby he has set aside the order dated 20.01.2016, passed by the Settlement Officer of Consolidation and remanded the matter again to the Settlement Officer of Consolidation for disposal of the appeal afresh.

(3.) Though, the order impugned in this petition passed by the Deputy Director of Consolidation is an order of remand, however, on a closure scrutiny and for the reasons which follow, it will be apparent that having regard to the overall facts and circumstances of the case, remanding the matter to the Settlement Officer of Consolidation will only result in a futile exercise for the reason that under the earlier order of the Settlement Officer of Consolidation, passed on 20.01.2016, the entire matter was already remitted to the Consolidation Officer, who being the court of first instance/trial court, will be in a better position to appreciate the evidence and take appropriate decision in the matter.