- (1.) HEARD Sri S. K. Sharma for the petitioner.
(2.) THE writ petition has been filed for quashing the order of Consolidation Commissioner, U.P. dated 15.04.2013, by which the application filed by the petitioner for taking action against the Consolidation Officer, has been rejected. The dispute arose before the Consolidation Officer in respect of plot no. 222 (area 2.4659 hectares) of village Kanihar, pargana Jhunsi, district Allahabad. The objection filed by the petitioner under Section 9 -A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) has been allowed by the Consolidation Officer, by order dated 04.12.2010. Chiraunji Lal (husband of respondent -6) filed an appeal (registered as Appeal No. 1509 of 2010) on 16.12.2010 from the aforesaid order, in which operation of the order dated 04.12.2010 has been stayed. Subsequently, Chiraunji Lal moved an application on 03.01.2011, before the Consolidation Officer, for recall of the order dated 04.12.2010, which has been allowed by the Consolidation Officer on 04.02.2011. Thereafter, Chiraunji Lal executed a sale deed dated 11.02.2011 of the land in dispute.
(3.) THE petitioner moved an application before the Consolidation Commissioner, U.P. dated 10.5.2011 (wrongly typed as 10.05.2010), making complaint against the Consolidation Officer and taking action against him, for entertaining the restoration application of Chiraunji Lal and allowing it by order dated 04.02.2011, exparte without any notice to the petitioner and during pendency of the appeal against the order dated 04.12.2010, before Settlement Officer Consolidation, from where operation of the order has also been stayed. The petitioner filed an application with his affidavit that the date typed as 10.05.2010 was an typographical error and should be read as 10.05.2011. When no decision was taken on the application dated 10.05.2011, the petitioner filed a Writ B No. 65088 of 2012, in which, this Court by order dated 13.12.2012 directed the Consolidation Commissioner to decide the complaint made by the petitioner within a period of six months. In the order, it has been clarified that the Consolidation Commissioner is free to decide the maintainability of the complaint and pass an independent order.;