S.K.Singh, J. - (1.) Challenge in this petition is the judgment of the Deputy Director of Consolidation dated 18.2.2005 by which revision filed by the petitioner has been dismissed and the order of the Consolidation Officer dated 29.1.2002 has been confirmed by which petitioner's opportunity of evidence has been closed.
(2.) There is no dispute about the fact that proceedings are under section 9-A(2) of U.P.C.H. Act which is in respect to adjudication of title between the parties. Petitioners claim to be recorded in the basic year on the basis of registered sale deed dated 19.3.80. Objection is from the aside of the respondent to vary share/right of the petitioner which petitioners states that he is entitled on the basis of registered sale deed. It appears that petitioners took date after date of adducing evidence and there cannot be any manner of doubt that their happened to be lapse on the part of the petitioner in filing required documents which they want to file. Finding has been recorded by the Deputy Director of Consolidation that instead of grant of several opportunity petitioners have not filed required documents and thus on that ground Consolidation Officer has closed the right of petitioners to file documents. Dispute is about title. Claim of the petitioners is based on registered sale deed and thus trial on the merits in the light of the documents may be in the interest of justice. At this stage, the situation is that if respondents are called upon to file counter affidavit and proceedings are stayed before the Consolidation Officer then that may remain in abeyance for years together as it cannot be ascertained that when the writ petition will be able to be decided and thus this Court may be party to delay in disposal of the matter and therefore, it is on this consideration this Court instead of issuing notice to the respondents by taking equitable view in the matter proposes to dispose of this writ petition by setting aside the impugned order on payment of reasonable amount as cost with the direction to the petitioners to file registered sale deed dated 19.3.80 as and when the case is taken up by the Consolidation Officer.
(3.) In view of the aforesaid this writ petition succeeds and is allowed. The impugned judgment passed by the Deputy Director of Consolidation dated 17.1.2005 is hereby quashed. It is now hereby directed that as and when the case is fixed before the Consolidation Officer petitioners will file sale deed dated 19.3.80 which they intended to file but the same will be admitted on payment of Rs. 1000/- as cost payable to the other side on the date when the document is filed. It is made clear that no other evidence will be permitted to be adduced/filed by the petitioner and Consolidation Officer will proceed to decide the matter on merits including the validity of sale deed etc. after giving adequate opportunity of hearing to the parties with all expedition at his end without allowing any unwarranted adjournment unless it is required for very compelling reason. Petitioners have undertaken before this Court not to seek any adjournment unless it is needed for compelling reason. Petition Allowed.;