S.N.Srivastava, J. - (1.) This writ petition is directed against the order dated 26.9.02 of Assistant Settlement Officer Consolidation allowing the appeals, setting aside the order dated 30.6.92 and 5.2.93 of Consolidation Officer and remanding the matter to the Consolidation Officer to decide it in accordance with law on merits after giving opportunity of hearing Jo the parties and a revisional order dismissing revision.
(2.) Learned counsel for petitioner urged that in the present case order of Asstt. Settlement Officer Consolidation is a final order by which the question of compromise entered into between the parties was finally decided and as such it is not a simple remand to decide the matter afresh in accordance with law and cannot be said to be an interlocutory order. Impugned order of Deputy Director of Consolidation is liable to be set aside and matter may be referred back to Deputy Director of Consolidation, Gorakhpur to decide on merit.
(3.) Sri A.K. Tripathi, learned counsel was heard in opposition. He urged that in view of the finding of Assistant Settlement Officer Consolidation that fraud was committed by petitioner in getting order passed on the compromise by which all the rights of the respondent were derecognised. He further urged that Deputy Director of Consolidation and Assistant Settlement Officer Consolidation rightly passed the orders in accordance with law.;