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Judgment
S.N. Srivastava, J.—Impugned order dated 2232006 passed by Deputy Director of Consolidation in Revision Nos. 882 and 922 of Gram Panchayat and Gram Pradhan Mahuwa Khurd Tappa Karhi Pargana Rasoolpur, Tehsil Itwa, District Siddharth Nagar preferred against the order of Settlement Officer Consolidation dated 9102003 is impugned order in the writ petition.
Heard learned Counsel for the Petitioners and learned Standing Counsel for opposite parties.
From perusal of the impugned order of Deputy Director of Consolidation, it clearly transpires that he refuse to decide the matter on merits only on the ground that the records were submitted under Section 52 of U.P. Consolidation of Holdings Act on 14102004 to Tehsil authorities and if, any order is passed it may affect number of tenureholders.
On consideration of the records and the arguments of learned Counsel for the parties, this Court is of the view that the impugned order of Deputy Director of Consolidation suffers from the error of law apparent on the face of the record and is unsustainable in law.
Admittedly, no notification under Section 52 of U.P. Consolidation of Holdings Act has been published in official Gazette so far. Even if, notification under Section 52 of U.P. Consolidation of Holdings Act would have published in Official Gazette by virtue of Section 52 (2) of the U.P. Consolidation of Holdings Act. The proceeding pending before Deputy Director of Consolidation arising out of allotment of Chak shall be deemed to be pending and Deputy Director of Consolidation was duty bound to decide the matter on merits and in accordance with law.
In view of the above, the impugned order passed by Deputy Director of Consolidation is vitiated in law and is liable to be quashed. The writ petition succeeds and is allowed. Impugned order dated 2232006 passed by Deputy Director of Consolidation, District Siddharth Nagar is quashed and matter is remanded to Deputy Director of Consolidation to consider and decide the revisions on merits and in accordance with law after giving opportunity of hearing to all concerned parties.