Ashok Bhushan, J. - (1.) Heard counsel for the petitioners and Shri Amit Krishna, counsel for the respondents.
(2.) By this writ petition, the petitioners have prayed for quashing of the order dated 6-12-2001 passed by Joint Director of Consolidation as well as the order dated 5-2-2000 passed by Settlement Officer of Consolidation. Dispute arose under Section 9-A(2) of the U.P. Consolidation of Holdings Act before the Consolidation Officer and the order was passed on the basis of compromise, on which the names of the petitioners were recorded. It is claimed that there was compromise between the parties, and the names of the petitioners were accepted by the recorded tenure holder. An appeal was filed by the respondents against the said order. In the appeal, the respondents claimed their right on the basis of Will executed by the tenure holder. It was claimed by the respondents that the order passed by Consolidation Officer is not valid. It was further stated that they were not aware of the order passed under Section 9-A(2) on which the names of the petitioners were recorded. The Settlement Officer of Consolidation has set aside the order of the Consolidation Officer and remanded the matter to the Consolidation Officer, Muzaffarnagar. A revision was filed by the petitioners before Joint Director of Consolidation. The Joint director of Consolidation rejected the revision. The Joint Director of Consolidation while rejecting the revision, has directed parties to appear before the Consolidation Officer on 18-12-2001. The Joint Director of Consolidation has taken the view that Consolidation Officer did not act in accordance with law while passing the order dated 26-12-1996. He has further observed that Settlement Officer of Consolidation has rightly set aside the order of Consolidation Officer.
(3.) After having heard the counsel for the parties and after perusing the record, it is clear that the matter has been remanded to the Consolidation Officer. Both the parties will have opportunity to place their case before the Consolidation Officer and the matter will be decided on merits. No error has been committed by the Settlement Officer of Consolidation and Joint Director of Consolidation in setting aside the order which has been passed on the basis of compromise. The counsel for the petitioners has contended that respondents have no right since they are claiming their right on the basis of will whereas the tenure holder is still alive.;