CHHANGUR Vs. DY. DIRECTOR OF CONSOLIDATION, BALLIA AND OTHERS
LAWS(ALL)-2001-5-262
HIGH COURT OF ALLAHABAD
Decided on May 08,2001

Chhangur Appellant
VERSUS
Dy. Director Of Consolidation, Ballia And Others Respondents

JUDGEMENT

S.K. Singh, J. - (1.) Heard learned Counsel for the petitioner, Sri Bachcha Singh, learned Counsel appearing on behalf of respondent No. 2 and Sri Anuj Kumar learned Counsel appearing on behalf of respondent No. 6.
(2.) By means of this writ petition the petitioner has challenged the judgment of the Deputy Director of Consolidation dated 5-2-2001, by which the order passed by the Settlement Officer Consolidation reserving the land as Graveyard has been set aside and matter has been remanded back to the Consolidation Officer for deciding the rival claims of the parties afresh on merits. A ground has been given by the Deputy Director of Consolidation that the land was recorded in the name of respondent No. 2, who was shown to be a grove holder of the land, but without giving the opportunity of hearing to the recorded persons the impugned order was passed by the Consolidation Officer.
(3.) A perusal of the order of the Consolidation Officer also reveals that this is a sketchy one and it contains no cogent reason and Settlement Officer Consolidation has also not recorded any finding and he has just passed the order of dismissal of the appeal without even considering the arguments and the claims as led on behalf of the appellants. It has been well settled that the orders which have a civil consequence may not be passed without giving opportunity to the person concerned.;


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