S.K. Singh, J. - (1.) NOTICE on behalf of respondent No. 1 and 2 has been accepted by the learned Chief Standing Counsel and on behalf of respondent No. 3 Sri H. N. Shukla. Both the learned counsel are agreeable that the matter may be finally disposed of in view of their arguments.
(2.) IT has been argued on behalf of the petitioner that in pursuance of the order of remand passed by this Court on 20.7.78 the matter was finally taken up by the Settlement Officer Consolidation who vide its order dated 8.10.99 again remanded the matter back to the Consolidation Officer which was not at all justified. The said order has been confirmed by the revisional authority. It has been emphasised by the learned counsel for the petitioner that the Settlement Officer Consolidation was influenced by the fact that the file/record of the case was not traceable and therefore in that view of the matter the Settlement Officer Consolidation gave a direction to the Consolidation Officer that he should get the file/record reconstructed and after giving opportunity to both the parries the matter may be decided on merits. According to the learned counsel this exercise could have been done by the Settlement Officer Consolidation himself as mere is no variation in the powers amongst these two authorities and that would curtail the litigation which has already prolonged too much. Learned counsel appearing on behalf of the opposite parties argued that the order of remand passed by the Settlement Officer Consolidation is justified and the parties will get an opportunity before the Consolidation Officer and therefore no interference is required,
(3.) AFTER hearing learned counsel for the parties, and keeping in view the fact that the litigation between the parties admittedly started in the year 1961 and even this court has made an order of remand on 20.7.78 and now as on today also the matter is yet to be decided by the Consolidation Officer in view of the order of remand passed by the Settlement Officer which is apparently unjustified and that will make further delay in the matter. The order as has been given by the Settlement Officer Consolidation for giving opportunity to the parties for the reconstruction of the record could have been done by him also who exercise the same powers as is provided Under U.P. C.H. Act.;