KARAM SINGH Vs. SETTLEMENT OFFICER, CONSOLIDATION, FAIZABAD
LAWS(ALL)-1997-7-236
HIGH COURT OF ALLAHABAD
Decided on July 10,1997

KARAM SINGH Appellant
VERSUS
Settlement Officer, Consolidation, Faizabad Respondents

JUDGEMENT

A.N. Gupta, J. - (1.) THE consolidation operations are under way in village Kalyanpur Chhitauna, Pargana Paschim Rath, Tahsil Bikapur, District Faizabad wherein an appeal preferred by the petitioner against the opposite parties is pending before the Settlement Officer, Consolidation, Faizabad, under Section 20(2) of the Consolidation of Holdings Act. This, writ petition has been filed with the grievance that the appeal of the petitioner has not yet been disposed of. The provisional scheme has not been confirmed and allotment orders have not been issued but the consolidation authorities are trying to hand over possession of the Chaks. The petitioner moved an application dated 22 -6 -97 in that behalf before Settlement Officer, Consolidation, Faizabad but he has not passed any orders thereon.
(2.) ORDINARILY writ petition should not have been disposed of without issuing notice to the opposite parties No. 5 to 8 but in the view of the order which I am passing, it does not appear necessary to issue notices to the said opposite parties. In the circumstances of the case, Settlement Officer, Consolidation, Faizabad is directed to dispose of the petitioner's application dated 22 -6 -97 to the effect that delivery of possession should not be effected till the provisional scheme is confirmed and allotment orders are issued, within a week from the date a certified copy of this order is produced before him. Till disposal of the petitioner's application by Settlement Officer, Consolidation, Faizabad, delivery of possession of plots/chaks shall not be done. The writ petition is disposed of in the terms indicated above.;


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