- (1.) A. P. Singh, J. Heard learned counsel for the petitioner arid learned Standing Counsel.
(2.) THIS writ petition has been filed against the order dated 15-3-1994 whereby the Deputy Director of (Consolidation) on the application of Gram Sabha has withdrawn the files pending before the Settlement Officer, Consolidation to his own-file for decision. ': . The brief facts of the case may make the position clear. Certain appeals were filed by Gaon Sabha in respect of the land of Gram Sabha which was illegally occupied by the petitioners. During pendency of the appeals, petitioner moved an application for transfer of the appeals to some other court which was rejected. Against it, the petitioner filed a writ petition No. 148 of 1992 which was disposed of finally on 3-5-1993 by sending those appeals for disposal to. the Assistant Settlement Officer and also directing the parties to approach the Deputy Director of Consolidation who shall nominate some other Settlement Officer, Consolidation, for deciding the appeals within a period of one month from the date of filing its order before the Deputy Director of Consolidation. However, before the appeals could be decided, petitioner filed another writ petition No. 657 of 1993 in which he challenged the order dated 27-5-1993 of the Deputy Director of Consolidation wherein he again directed for hearing of the appeals by the Settlement Officer, 'consolidation. This writ petition was ultimately decided on 30-7-1993 in which it was made clear that the concerned Assistant Settlement Officer, Consolidation shall decide those appeals and it shall not be decided by the Settlement Officer from whom transfer of the appeals have been sought. Thereafter the Deputy Director of Consolidation passed order dated 12-8-1993 in which he noted down the practical difficulties in the compliance of the orders of this Court, passed on 3- 5-1993 and 30-7-1993. He noted that in the district there was neither any Assistant Settlement Officer, Consolidation nor any Second Settlement Officer, Consolidation apart from the Settlement Officer, Consolidation from whose. file the case was sought to be transferred, as such, the orders of this Court could not be complied with. He, however, directed that parties may obtain requisite orders from this Court so that appeals may be decided. Instead of making application, petitioner kept mum and ultimately on the application' of the Gaon Sabha, the Deputy Director of Consolidation withdrew the appeals to his own file and by the impugned order dated 15-3-1994 he has directed that the appeals will be decided by himself. It is noteworthy that although petitioner impleaded the Gaon Sabha in his' first writ petition but in the second writ petition as well as in the present one he has not cared to implead the Gaon Sabha although the Gaon Sabha is appellant in the appeals hearing whereof is being deferred due to filing of transfer application and three writ petitions in that connection by the petitioners. Having examined the matter in detail and having regard to petitioner's conduct, I do not think it at all proper and expedient to interfere against the order of the Deputy Director of Consolidation, challenged in this writ petition mainly for two reasons. First reason being petitioner cannot be heard complaining against the order of the Deputy Director of Consolidation, impugned in this writ petition without the presence of the Gaon Sabha on whose application and in respect of whose appeals, the' impugned order has been passed, it has not been' denied at the bar that Gaon Sabha is necessary party and no effort was made to implead it. Second ground is that the impugned order of the Deputy Director of Consolidation cannot be said to be unjustified in view of the circumstances prevailing in the case. Admittedly, the only Settlement Officer (Consolidation) available in the district who under Section 11 of U. P. Consolidation of Holding Act is to hear appeals against orders of the Consolidation Officer, is disqualified from hearing "and deciding the appeals by this Court Order, dated 30-7-1994 which were procured by the petitioner at the back of Gaon Sabha, there being no Assistant Settlement Officer (Consolidation) or any other Settlement Officer (Consolidation) to whom the appeals could be entrusted for decision, the only course open for the Deputy Director of Consolidation, has been adopted so as to dispose of these appeals. The appeals filed by Gaon Sabha cannot be kept undecided so as to allow the petitioner to perpetuate his unlawful possession over the land which is subject-matter of the appeals filed by the Gaon Sabha.
(3.) THE petitioners have not come with clean hands to merit help from this Court. THEy have not been able to show any prejudice from the impugned order. THE purpose of petitioners appears to prolong the pendency of the appeals so as to enjoy the benefit of the order of the Consolidation Officer. On merit also, I am not satisfied that the impugned order is illegal. As per order of the Court dated 30- 7-1993, the appeals could not be decided by the only available Settlement Officer (Consolidation ). Since there is no other Settlement Officer (Consolidation) or Assistant Settlement Officer (Consolidation) no alternative is left but to adopt the course as proposed by the impugned order. The Deputy Director of Consolidation has rightly withdrawn the files to his own file. I find no merit in this writ petition. The writ petition is accordingly dismissed. Stay order dated 5-4-1994 is discharged. The Deputy Director of Consolidation is directed to decide the appeals within a period of two months from the date of a certified copy of this order is produced before him. It is made clear that he will not entertain any adjournment application on any ground whatsoever from any of the parties. It is further directed that the parties shall put in appearance before the Deputy Director of Consolidation, Sultanpur on 7th September, 1994 on which date the Deputy Director of Consolidation shall fix some other date for hearing of the cases. Sri R. S. Pandey, learned counsel for Gaon Sabha is also present and he has undertaken to inform the Gaon Sabha about the orders passed today.;