Jagat Singh and others vs Deputy Director of Consolidation, Baghpat and others

Rajes Kumar, J.—Heard Sri N.C. Rajvanshi, learned Senior Advocate for the petitioners, learned Standing Counsel appears on behalf of respondent Nos. 1, 2 and 4 and Sri Rahul Mishra appears on behalf of respondent No. 3.

By means of the present writ petition, the petitioners are challenging the order dated 20th August, 2008 passed by the Deputy Director of Consolidation, Baghpat by which the Revision No. 80/228 filed by the petitioners against the order of the Consolidation Officer dated 21st February, 2003 has been dismissed.

Brief facts of the case are that the Consolidation Officer passed the order dated 4th February, 2003. Respondents moved application on 8th February, 2003 for the recalling of the order dated 4th February, 2003. The said application has been allowed on 21st February, 2003. The petitioners filed revision against the said order dated 21st February, 2003 which has been dismissed by the impugned order.

Learned Counsel for the petitioners submitted that the Consolidation Officer has allowed the recalling application of the respondents vide order dated 21st February, 2003 without giving opportunity of hearing to the petitioners and without giving any reason whatsoever in the impugned order, therefore, the order dated 21st February, 2003 is vitiated and liable to be set aside. He submitted that the Deputy Director of Consolidation has not addressed the aforesaid two submissions of the petitioners and has illegally dismissed the revision.

Learned Counsel for the respondents though supported the order of the Deputy Director of Consolidation and further submitted that in the interest of justice, if the recalling application has been allowed no prejudice may be caused to the petitioners. However, he submitted that he has no objection if the matter is remitted back to Consolidation Officer to decide the recalling application afresh after giving opportunity of hearing to the petitioners by a speaking and reasoned order.

Having heard the learned Counsel for the parties and in view of the statement made above, the writ petition is allowed. The impugned order dated 20th August. 2008 passed by the Deputy Director of Consolidation and the order dated 21st February, 2003 passed by the Consolidation Officer on the recalling application of the respondents are set aside and the matter is remanded back to the Consolidation Officer to decide the recalling application dated 8th February, 2003 afresh after giving opportunity of hearing to all concerned parties by a speaking and reasoned order strictly in, accordance to law. Petitioners as well as respondents shall appear before the Consolidation Officer on 18th September, 2008 along with certified copy of the order. The Consolidation Officer either hear the matter on the same day or may fix any other date for the disposal of the application. In any case, the application be disposed of within another period of four weeks.