S.K.Singh, J. - (1.) These are connected writ petitions arising out of the same judgment of the Deputy Director of Consolidation.
(2.) As there is no dispute about certain facts, by brief mention without stating in detail the argument of both sides, on summary of detail, writ petition can be conveniently disposed of.
(3.) In respect to basic year entry before the Assistant Consolidation Officer, reconciliation proceeding is said to have taken place and the order was passed by which writ petitioner Sufi felt aggrieved and he filed appeal in which, appellate authority intervened and the order of Assistant Consolidation Officer was set aside and the land in dispute was directed to be recorded in the name of petitioner as Shamiljot-bagh. Writ petitioner Maqsood Alam and others feeling aggrieved by the order of appellate authority filed revision which was allowed and the order of Settlement Officer, Consolidation was set aside and there being no further direction, order/Assistant Consolidation Officer stood restored. It is in these situation both sides have come up to this Court. After hearing both sides and notice of aforesaid facts, there cannot be any dispute that if the appellate authority was not satisfied with the order of Assistant Consolidation Officer, then straightway matter was to be remanded back for fresh consideration on merits. He for the first time could not have passed the order either in favour of petitioner or in favour of other side by which a direction was given for making particular entry. At the same time, if the Deputy Director was satisfied that the order of appellate authority is wrong, then he was required to set aside the order of appellate authority and was to undertake same exercise as was required to be done by the appellate authority i.e. to remit the matter to the Consolidation Officer for adjudication of the claim of both sides after giving opportunity to them. In respect to aforesaid facts, both sides fairly submits that if this is done, then that will be in the interest of justice and both sides will get their claim adjudicated after opportunity of hearing and therefore, grievance of both sides stands satisfied.;