S.K. Singh, J. - (1.) Challenge in this petition is the order of the Consolidation Officer dated 19.8.2000 which has been affirmed by the higher Courts.
(2.) Heard learned Counsel for the petitioner and Sri Srivastava, learned Advocate who appeared for the respondent No. 2. Sri Srivastava submits that his client is vendee from the respondent No. 3 and therefore, he undertakes that respondent No. 3 will have no objection on final disposal of the matter as now respondent No. 2 is the real beneficiary of the litigation.
(3.) By the order of the Consolidation Officer dated 19.8.2000 an opportunity of cross-examination of the witness of the opposite party was rejected and this matter was to be heard and decided on merits. Challenge to the aforesaid is that petitioner, so far the cross examination of the witness is concerned has not taken any adjournment and, therefore, closing of the opportunity of the cross examination is not justified. Submission is that on 6.5.2000 statement was recorded and 27.5.2000 was fixed for cross-examination but on that date as Court was not available and the matter was deferred for 19.8.2000 and thus on that date petitioner was to be given opportunity of cross examination automatically but that has been rejected. Averment in this respect is contained in paras 2 and 3 of the supplementary affidavit. In view of the aforesaid Sri Srivastava submits that the petitioner may be entitled to get the witness cross examined and at the same time petitioner cannot be entitled to get the proceedings lingered by taking the adjournments . Both submissions of Sri Srivastava appears to be correct. In view of the aforesaid details as has come and submission of Sri Srivastava as noted above, this Court is of the view that keeping this matter pending, as submitted by Sri Srivastava, may be futile exercise and that may delay disposal of the matter and thus writ petition is to be disposed of with the following observation: (i) Petitioner will be permitted to cross examine the witness for which rejection order has been passed by the Consolidation Officer on 19.8.2000. (ii) If any other evidence in accordance with law is permissible to be adduced by the parties, they will be permitted to complete the same. (iii) All consolidation authorities will take care that while proceeding in the matter no uncalled for adjournment to either of the parties will be allowed unless it is required for very compelling reasons. (iv) Consolidation "authorities will try to dispose of the matter at the earliest at their command.;