Allahabad High Court
Lalman And 14 Others vs Settlement Officer Consolidation And ... on 7 February, 2023
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - B No. - 224 of 2023 Petitioner :- Lalman And 14 Others Respondent :- Settlement Officer Consolidation And 39 Others Counsel for Petitioner :- Adarsh Singh,Aqeel Ahmad,Indra Raj Singh Counsel for Respondent :- C.S.C.,Ram Kirit Singh Hon'ble Dinesh Pathak,J.
Heard learned counsel for petitioners, learned counsel for private respondents No. 3 to 12, learned Standing Counsel representing State authorities and perused the record.
Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by way of filing the instant writ petition assailing the order dated 19.12.2017 passed by Settlement Officer of Consolidation and order dated 27.9.2022 passed by Deputy Director of Consolidation.
Record reveals that Settlement Officer of Consolidation, vide order dated 19.12.2017, has remitted that matter before Consolidation Officer to decide the case afresh after affording opportunity of hearing to the parties concerned. Deputy Director of Consolidation, on revision being filed on behalf of the petitioners, has dismissed the same on the ground that in pursuance of the order dated 19.12.2017 matter was remanded and Consolidation Officer has passed fresh order dated 29.11.2021. Even against the order dated 29.11.2021 appeal has been preferred before the Settlement Officer of Consolidation.
In this conspectus as above, I do not find any justifiable ground to interfere in the order passed by the Deputy Director of Consolidation. Consolidation Officer has passed fresh order dated 29.11.2021 in compliance of the remand order dated 19.12.2017 and, having been aggrieved, appeal has been preferred against the order dated 29.11.2021 passed by the Consolidation Officer. Petitioners have already availed remedy of filing an appeal against the order dated 29.11.2021 and the same is still pending consideration before the Settlement Officer of Consolidation.
As such instant writ petition being misconceived and devoid on merits, is dismissed with no order as to the costs.
Order Date :- 7.2.2023 Md Faisal