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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