SABHA DATT Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) COUNSEL for the petitioners submits that he does not want to press the pending applications and states that the Settlement Officer (Consolidation), who has passed the order, which is impugned in the instant writ petition, was declared to be non-est and he continued even after dismissal of his service on the forged order of this Court. The District Magistrate has passed the order for setting aside the order passed by the Settlement Officer (Consolidation). This Court in Writ Petition No. 429 (Cons.) of 1996 has passed the following order:- "Heard learned counsel for the petitioner and Sri S. K. Mehrotra, who has filed caveat. The learned counsel of the caveator has pointed out that Sri B. B. Singh who in his capacity as Settlement Officer, Consolidation had passed the order, had been removed from service in the year 1989. He had preferred a writ petition in this Hon'ble Court which too was dismissed. Yet on a forged order of this Court he continued to function as Settlement Officer, Consolidation. In relation to the forgery committed by him Sri B. B. Singh as per the statement of the learned counsel for the caveator is in prison. These facts have not been disputed by petitioner's counsel. Accordingly, I do not find that it is a fit case for interference. The Deputy Director of Consolidation has after setting aside order passed by Sri B. B. Singh remanded the case to the Settlement Officer, Consolidation to decide the appeal in accordance with law. So the order of remand is perfectly correct and it does not call for any interference. The writ petition is accordingly dismissed in limine." In the above circumstances, the order of Settlement Officer Consolidation dated 11.3.1992 and the order of Deputy Director of Consolidation dated 26.8.1992 cannot be sustained under law. The writ petition is allowed and the orders dated 11.3.1992 passed by the Settlement Officer (Consolidation) and 26.8.1992 passed by the Deputy Director of Consolidation are hereby set aside. The matter is remitted to the Settlement Officer (Consolidation) for deciding the appeal of the petitioner, afresh, in accordance with law, within a period of four months, from the date of presentation of a certified copy of this order and it will be open for the parties to move appropriate application, before the Settlement Officer (Consolidation), for substitution bringing on record the legal heirs.