Uttarakhand High Court
Chhota vs Deputy Director ... on 29 July, 2015
Author: Alok Singh
Bench: Alok Singh
WPMS No. 1462 of 2015 Hon'ble Alok Singh, J.
Mr. Narendra Bali, Advocate for the petitioner.
Mr. A.K. Joshi, Addl. C.S.C. for respondent Nos. 1 to 3.
Mr. Nikhil Singhal, Advocate for respondent No. 4.
Undisputedly, learned Consolidation Officer has decided the lis, vide judgment dated 23.12.2008, without hearing the counsel for the petitioner. It is specifically observed in the impugned judgment dated 23.12.2008 that on the date fixed for arguments, i.e. 29.11.2008, neither OPs, therein, nor their counsel were present nor any written argument were furnished by them. Learned Revisional Authority has observed if case was adjourned for so many times and material was available on the record, therefore, case could be decided even without hearing the counsel. This is really strange observation made by the Deputy Director of Consolidation.
Ordinarily, no walk over should be allowed and both the parties should be given fair opportunity of hearing. Since, in the present case, learned Consolidation Officer was pleased to pass impugned order without hearing the counsel for the OPs therein, petitioner, herein, therefore, all the impugned orders are hereby set aside. Matter stands remanded to the Consolidation Officer for deciding it afresh in accordance with law after hearing both the parties preferably within 90 days from the first date fixed before the learned Trial Court / Consolidation Officer. Parties shall appear before the Consolidation Officer for further orders on 25th August, 2015.
(Alok Singh, J.) Dated 29.07.2015 Shiv