CHARAN SINGH Vs. CONSOLIDATION OFFICER, AURANGABAD, BULANDSHAHR AND OTHERS
LAWS(ALL)-1997-11-165
HIGH COURT OF ALLAHABAD
Decided on November 13,1997

CHARAN SINGH Appellant
VERSUS
Consolidation Officer, Aurangabad, Bulandshahr And Others Respondents

JUDGEMENT

Sudhir Narain, J. - (1.) The Consolidation Officer passed order dated/ 27.2.1997 purported to have been passed under Section 42-A of U.P. Consolidation of Holdings Act and thereafter made certain amendment in the Chaks. The contesting opposite parties filed an application to recall the said order on the ground that it was an ex-parte order. The Consolidation Officer without recording any finding as to whether it was an ex-parte order, directed the contesting opposite parties to file revision by his order dated 5.6.1997. The opposite parties again filed an application to recall the order on the ground that it was an ex-parte order. The application has been allowed by the impugned order dated 11.6.1997.
(2.) Shri S.P. Singh learned counsel for the petitioner urged that the Consolidation Officer had earlier taken the view that the opposite parties can file revision against the order dated 27.2.1997 and thereafter he could not review the order and recall the order dated 27.2.1997. The Consolidation Officer could have passed order under Section 42-A of the aforesaid Act only after affording opportunity for hearing to the contesting opposite parties. The contesting opposite parties alleged that the order was ex-parte and that has been recalled. The Consolidation Officer will again consider the application of the petitioner and decide the matter afresh after giving opportunity of hearing to the parties concerned expeditiously preferably within two months from the date of production of a certified copy of this order before him. Subject to the observations made above, this writ petition is dismissed. Petition dismissed.;


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