Chhitani and Another vs Dy. Director of Consolidation and Others

Amreshwar Pratap Sahi, J.—The only contention raised before this Court is that in the judgment of the High Court dated 18.12.2009 passed in Writ Petition No. 69083 of 2009 directions had been issued to decide the restoration application on merits. Instead, the Settlement Officer Consolidation has cryptically without giving any reason recalled the order dated 28.11.2005 allowing the restoration application without any cogent reasons.

Learned Counsel submits that the intention of the High Court was to get the restoration application decided on merits which has not been done by the Settlement Officer Consolidation. It is further submitted that the revision filed against the same has also been dismissed without adverting to the aforesaid aspect of the matter. On merits, learned Counsel for the Petitioner submits that the order of Settlement Officer Consolidation dated 28.11.2005 was justified on merits and it did not deserve any recall as it has been passed after due notice to the parties. Learned Counsel submits that the order has been passed keeping in view the larger area of the contesting Respondent in his holding and the extent of adjustment which was to be made keeping in view the valuation of the crops.

Learned Counsel for the contesting Respondent states that he does not propose to file any counter-affidavit and the matter be disposed of finally at this stage itself.

Having heard learned Counsel for the parties, the order of the Settlement Officer Consolidation which has been affirmed in the revisional order dated 31.7.2010 does not comply with the judgment of the High Court passed on 18.12.2009 in letter and spirit and no reason has been given.

Accordingly, the order of Settlement Officer Consolidation as affirmed by Deputy Director of Consolidation deserves to be set aside. The order dated 31.7.2010 and the order of Deputy Director of Consolidation dated 22.2.2011 are hereby quashed. The Settlement Officer Consolidation shall proceed to decide the claim of the contesting Respondent as directed by this Court vide judgment dated 18.12.2009 within a period of 8 weeks from the date of production of a certified copy of this order before him.

Needless to say that in order to avoid any further complication, the Settlement Officer Consolidation shall take care of putting to notice all concerned parties impleaded in the Appeal.

With the aforesaid observations, the writ petition is allowed.