- (1.) Heard Sri Onkar Nath Tiwari, learned counsel for the petitioner and Sri Rajeiu Kumar Tripathi, learned counsel for the for Opposite Parties No. 2, 3 and 4. Opposit Party No.1 is represented by State and Opposite Party No.5 is represented by Sri R.N.Gupta, learned counsel.
(2.) This writ petition has been filed in the nature of certiorari to quash the impugned order dated 28.12.2012 passed by Deputy Director Consolidation, Faizabad, by which the Deputy Director Consolidation has remanded the matter to Consolidation Officer with a direction that the Consolidation Officer should pass order in light of order of this Hon'ble High Court passed in Civil Revision No. 1152, 1153 and 1196 dated 27.10.2008 to allot the chaks and submit a detail and clear report in this Court.
(3.) It has been averred in the writ petition that the main dispute is related to Plot No. 601 which is the original holding of the petitioner along with the opposite parties. Some portion of Plot No. 601, there was tree shade and Usar land and, therefore, the petitioner has filed objection before Consolidation Officer for fixing liability, valuation and Consolidation Officer allowed the objection and reduced the valuation as 20 paise in place of 70 paise regarding 160 Aer area being tree shade and 100 Aer area as Usar land and valuation of rest land remain intact vide order dated 5.12.2007(Annexure-3 to the writ petition). In this order, area for reducing the valuation pertaining to Usar and tree shade was not ascertained and determined. Therefore, a restoration was filed and area was also determined vide order dated 14.9.2009. According to the area evaluated by the Consolidation Officer, chak was proposed and revision filed by petitioner in the proceeding arising out of allotment of chak was allowed. Writ petition field by opposite parties against that order was dismissed by this Hon'ble Court. In view of this, a reference was forwarded by Consolidation authorities to Deputy Director Consolidation for approval and revisional court approved the reference letter on opposite party filed recall application in the year 2012 alleging therein that he was not heard by the DDC, though, all the affected parties were served and heard. The revisional court entertained the recall application, recalled the earlier order ignoring the Full Bench decision of this Court. Revisional court has recorded finding that in view of the order passed by this Hon'ble Court reference is to be passed whereas there is no order or positive direction of Hon'ble High Court regarding allotment of chak and reference is being proposed in accordance with the order passed by Consolidation Officer on 14.9.2009 which is never challenged by either of the parties till date. Notification under Section 52 has been notified in the village one year back. The revisional court passed the order in presumption without applying judicial mind and has not relied ujpon the pleadings and evidence produced by the petitioner.;