Anjani Kumar Mishra, J. - (1.) HEARD Sri P.N. Saxena, learned Senior Counsel, assisted by Sri Manu Khare, for the petitioners; Sri DD Chauhan, who appears for the Gaon Sabha; Sri Shivam Yadav, appearing for respondent No. 4 -A, Chief Executive Officer, NOIDA and also Sri Sanjai Goswami, learned Addl. Chief Standing Counsel for the State -respondents. The writ petition arises out of an objection under section 9A(2) of the UP Consolidation of Holdings Act filed by the petitioners. This objection was decided by the Consolidation Officer, Dadri (for short, the CO) on 1.3.2004 whereby the petitioners were held to be sirdars of the plots in question. A restoration application was filed on the same day. On the same day itself, another application was filed before the Settlement Officer, Consolidation (for short, the SOC), Gautam Budh Nagar. The SOC passed the order to the effect that the CO, namely, Rajendra Singh Chauhan, who had passed the order was not available and, therefore, transferred the matter to another CO. The transferee Court on the same day allowed the restoration application without any notice or information to the petitioners.
(2.) AGGRIEVED by the order, the petitioners preferred a writ petition, along with a restoration application. This petition was disposed by the order dated 30.4.2004 with the observation that the petitioners may file a restoration application before the Dy. Director of Consolidation and whereupon the DDC was directed to transfer the restoration application to some other CO. In pursuance to the directions of this Court, the petitioners are said to have filed a restoration application, which was transferred to the Court of the CO, Modi Nagar. It is submitted by the learned Counsel for the petitioners that on the date of the order transferring the case to CO., Modi Nagar, the notification, creating Gautam Budh Nagar, stood stayed and, therefore, both the CO, Dadri and the CO, Modi Nagar, were within the jurisdiction of the DDC, Ghaziabad. It is further the case of the petitioners that this interim order, staying the notification creating the district of Gautam Budh Nagar, was vacated in the year 2004.
(3.) THE CO, Modi Nagar, to which Court the restoration application had been transferred, allowed the same by order dated 20.11.2006. By the same order, the restoration application filed by Bheem Singh to recall the order dated 1.3.2004 was rejected. As a consequence, the order dated 1.3.2004 stood restored.;