LAWS(ALL)-2009-3-125

PRABHU Vs. DISTRICT DEPUTY DIRECTOR CONSOLIDATION BAGHPAT

Decided On March 18, 2009
PRABHU Appellant
V/S
DISTRICT DEPUTY DIRECTOR (CONSOLIDATION), BAGHPAT Respondents

JUDGEMENT

(1.) PRAYER made on behalf of the petitioner to delete respon dent No. 3 is allowed.

(2.) HEARD learned Counsel for the petitioner and Shri N.K. Mishra for re spondent No. 2.

(3.) IT is contended by the learned Counsel for the petitioner that once the Deputy Director of Consolidation finding that Assistant Consolidation Officer was not vested with the power to have made corrections in the village map, appropri ately, he ought to have remanded the mat ter back to the Consolidation Officer to de cide the same on merits after notice and opportunity of hearing and evidence to all the parties concerned. Prima facie, from a perusal of record, there appears to be force in the submission. Learned Counsel for the respondent also does not dispute this proposition.