Sabhajeet Yadav, J. - (1.) Heard learned counsel for the petitioners and learned Standing Counsel for respondents.
(2.) By this petition, the petitioners have challenged the judgement and order dated 26.2.2010 passed by Dy. Director of Consolidation, Etawah in Revision No. 14 of 2010, State v. Gaon Sabha under Section 48 (1) of U.P.C.H. Act (hereinafter referred to as the Act) in respect of village Mohanpur Rahin, Pargana and District Etawah. By the said order the Dy. Director of Consolidation has cancelled the entire consolidation proceeding onward from the stage of valuation of plots of the village/unit in question including Provisional Consolidation Scheme prepared by Assistant Consolidation Officer and objections decided by Consolidation Officer inasmuch as appeals pending and decided by Settlement Officer of Consolidation on the ground that mass irregularities and illegalities have been committed by Assistant Consolidation Officer while determining the valuation of plots and preparation of Provisional Consolidation Scheme of the village in question which according to him could not be corrected and rectified otherwise in individual cases except by cancelling proceeding from the stage of valuation of plots of village in question onward subsequent thereto. Accordingly, while cancelling all subsequent proceedings from the stage of determination of valuation of plots in village in question he has remanded the matter back before Assistant Consolidation Officer to re-determine the valuation of plots afresh and proceed further with preparation of Provisional Consolidation Scheme.
(3.) Learned counsel for the petitioners has contended that the order passed by Deputy Director of Consolidation is wholly arbitrary, illegal and can not be justified under law. He submitted that the Deputy Director of Consolidation could decide only pending revisions before him. He could not have cancelled the entire consolidation proceedings from the stage of determination of valuation of plots of the village in question as consolidation proceedings have been initiated in the aforesaid village in the year 1989 and now are at the stage of revisions before Deputy Director of Consolidation. The objection and appeals against the provisional consolidation scheme have already been decided, therefore, no such order could have been passed by him, which is of administrative in nature. The Deputy Director of Consolidation under the scheme of Act has no such administrative power. It is submitted that on account of cancellation of aforesaid consolidation proceeding from the stage of determination of valuation of plots the rights and interests of petitioners would be jeopardised and they will suffer a lot and they are dragged to undergo various processes of consolidation proceeding which have already been over as a result of culmination of those proceedings, the rights and interest of parties have already been crystallized and finalized which could not be reopened again.;