SHABBAR HUSAIN Vs. DY. DIRECTOR OF CONSOLIDATION MUZAFFARNAGAR

JUDGEMENT

(1.) This is a reference to the Full Bench made at the instance of a learned Single Judge, who found contradictory views expressed in some of the decisions of this Court.

(2.) The learned Single Judge found that there are two sets of opinion, which in his view were contradictory. The first set of the judgments are; Darbari Lal Vs. Deputy Director of Consolidation and others, 1989 RD 304, Ram Das Rai Vs. Deputy Director of Consolidation and others , 1994 RD 62, and Yadram and others Vs. Deputy Director of Consolidation, 2013 (120) RD 429. The other set of judgments, which were found contradictory by the learned Single Judge, are; Parshuram Vs. Deputy Director of Consolidation, Ballia and others, 2006 (100) RD 746, and Haider Ali Vs. State of U.P. through Consolidation Commissioner and others, 2012 (115) RD 695.

(3.) Dissatisfied with the order of the Consolidation Officer three separate appeals, being Appeal No. 501 (Mohd.Isha Vs. Jakira Begum and others), Appeal No.502 (Shabbar Husain Vs. Jakiya Begum and others) and Appeal No. 503 (Mohd. Isha Vs. Mohd. Shama and others), were preferred before the Settlement Officer of Consolidation, Saharanpur. One of the parties preferred Writ Petition No. 45463 of 2006 for the transfer of appeals to some other district. This Court vide order dated 04.09.2006 transferred the appeals to Settlement Officer of Consolidation, Muzaffarnagar.