ANJANI KUMAR MISHRA, J. - (1.) THIS petition has been filed against the order dated 4.1.2006 passed by the Consolidation Officer in Case No.23+24+47 under Rule 109 -A(1) of the U.P.Consolidation of Holdings Rules.
(2.) BY the impugned order the Consolidation Officer has rejected the application filed by the petitioner on the finding that the copy of the order sought to be implemented in the revenue record has not been filed along with the application. It has also been recorded that there is no record available of the proceedings in which the order sought to be implemented is alleged to have been passed in favour of the petitioner. The primary ground of attack is that the order is ex -parte and has been passed without opportunity of hearing to the petitioner. Correctness of this ground of attack has not been disputed by the learned Standing counsel.
(3.) UNDER the circumstances, it is through fit that the order dated 4.2.2006 be set aside and the matter be remanded to the Consolidation Officer for fresh decision after hearing the petitioner as also the Gaon Sabha which appears to be a necessary party to the proceedings. The petitioner is not being relegated to the alternative remedy of appeal available to him in view of the fact that the petition was entertained and has remained pending since 2006.;