SHARDA PRASAD Vs. DISTRICT COLLECTOR
LAWS(ALL)-2014-2-119
HIGH COURT OF ALLAHABAD
Decided on February 06,2014

SHARDA PRASAD Appellant
VERSUS
DISTRICT COLLECTOR Respondents

JUDGEMENT

RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Sukesh Kumar for the petitioner.
(2.) THIS writ petition has been filed against the orders of Deputy Director of Consolidation dated 26.11.2013 and Settlement Officer, Consolidation dated 26.6.2008, by which the appeal was allowed and the matter was remanded to the Consolidation Officer for deciding afresh on merit and the revision filed by the petitioner has been dismissed. The dispute relating to correction of map as well as area of plot nos. 309, 310 and 311, u/s 9A(2) of the Act, was raised before the CO between the petitioner and Bajedar Khan (now represented by respondents -7 to 13). It appears that the respondents were taking adjournments before the CO and were not arguing the case, therefore, the petitioner moved an application before the SOC, on which the SOC by order dated 16.8.2000 directed the CO to decide the case on merit, without granting any undue adjournment. On the basis of this order, the petitioner moved an application before the CO for pre -poning the date in the appeal in which 13.10.2000 was the date fixed for final hearing, which was pre -poned to 25.9.2000 on the application of the petitioner and thereafter, the case was decided by the CO by an ex parte order dated 21.11.2000.
(3.) BAJEDAR Khan and Others filed an appeal from the order dated 21.11.2000 before the SOC. The SOC by the impugned order dated 26.6.2008 found that although the CO has pre -poned the date as 25.9.2000, but no notice was served upon the appellants regarding pre -poning of the date, as such, the order of CO was passed without giving proper opportunity of hearing to the appellants. On these findings, the appeal was allowed and the order of CO dated 21.11.2000 was set aside and the matter was remanded to the CO for deciding the dispute afresh, after hearing the parties. The petitioner filed Revision No. 1 of 2012 -13 from the aforesaid order, which has been dismissed by the order dated 26.11.2013. Hence, this writ petition has been filed.;


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