MANGRU AND ORS Vs. CONSOLIDATION OFFICER, GORAKHPUR AND ORS
LAWS(ALL)-2018-1-646
HIGH COURT OF ALLAHABAD
Decided on January 19,2018

Mangru And Ors Appellant
VERSUS
Consolidation Officer, Gorakhpur And Ors Respondents

JUDGEMENT

Irshad Ali, J. - (1.) Heard learned Counsel for the petitioners and learned standing Counsel for respondent No. 1. The father of the contesting respondents filed objection under section 9-A (2) of the U.P. Consolidation of Holdings Act. The petitioners contested the matter and filed his reply to the averments made in the application filed on 17.5.1995. After considering the grievances of the parties, the consolidation officer passed an order on 23.11.2012 whereby the application filed by the contesting respondents has been allowed by respondent No. 1.
(2.) The petitioner has filed the present writ petition assailing the aforesaid order on several grounds.
(3.) The order of Consolidation Officer is appealable under section 11 of the U.P. Consolidation of Holdings Act, 1953. The provisions contained thereunder is being quoted below: "11. Appeals.-- (1) Any party to the proceedings under section 9-A, aggrieved by an order of the Assistant Consolidation Officer or the Consolidation Officer under that section, may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, who shall after affording opportunity of being heard to the parties concerned, give his decision thereon which, except as otherwise provided by or under this Act, shall be final and not be questioned in any Court of law. (2) The Settlement Officer, Consolidation, hearing an appeal under sub-section (1) shall be deemed to be a Court of competent jurisdiction, anything to the contrary contained in any law for the time being in force notwithstanding.";


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