DAL SINGAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION GHAZIPUR AND OTHE
LAWS(ALL)-1997-9-303
HIGH COURT OF ALLAHABAD
Decided on September 24,1997

DAL SINGAR Appellant
VERSUS
Deputy Director Of Consolidation Ghazipur And Othe Respondents

JUDGEMENT

B. Dikshit, J. - (1.) This writ petition has been filed against an order passed by Deputy Director of Consolidation Ghazipur dated 16.7.1997. The revision was filed against the order passed by Assistant Settlement Officer Consolidation dated 18.9.1997 in appeal No. 1407/2559, who remanded the case be Consolidation Officer to decide the case on merits.
(2.) Counter-affidavit and Rejoinder affidavits have been exchanged and the writ petition is being disposed of finally at this admission stage. The judgement of Deputy Director of Consolidation Ghazipur dated 19.3.1997 is liable to be quashed merely for the reason that he has just catalogued the cases of the parties and recorded his conclusion without assigning reasons and recording necessary findings. The reasons are linked between the facts of the case and the conclusion arrived at. It is obligatory for Deputy Director of Consolidation to record reasons and consider the arguments advanced by counsel for the parties. As he has not recorded reasons in arriving at conclusions his order dated 19.3.1997 is bad in law. The petitioner also filed an application for review of the order. The order dated 16.7.1997 passed by Deputy Director of Consolidation, is on a review petition filed by petitioner. No review is maintainable, However, as the order dated 19.3.1997 passed by Deputy Director of Consolidation Ghazipur is liable to be quashed for want of reasons and the case is to be sent back to the Deputy Director of Consolidation for passing fresh orders after assigning reasons, the order passed on review petition can not be an impediment in the way of the petitioner for getting the revision decided afresh.
(3.) For aforesaid reasons the writ petition is allowed, the order dated 19.3.1997 is quashed and the Deputy Director of Consolidation Ghazipur is directed to register the revision afresh and decide the same keeping in view the aforesaid observations. There shall be no order as to costs. Petition Allowed. ;


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