Narbadeshwar Rai v. Deputy Director of Consolidation, Ghazipur
1988-02-01
M.P.SINGH
body1988
DigiLaw.ai
JUDGMENT M.P. Singh, J. - The present Writ Petition is directed against an order dated 23-8-1974 passed by the Deputy Director of Consolidation, Ghazipur. 2. In the proceedings under Section 20 of the Consolidation of Holdings Act proposals were made by the Assistant Consolidation Officer and certain amendments were made by the Consolidation Officer in the said proposals which were in favour of the petitioner and as such he was not aggrieved by such an order. The aggrieved parties preferred appeals before the Settlement Officer Consolidation which were disposed of on 22-4-1974. Against the order of the Settlement Officer Consolidation a revision was filed by Janardan Rai before the Deputy Director of Consolidation without impleading the petitioner as a party. It was also stated that the petitioner was not given an opportunity of being heard. So far as the discussion done by the Deputy Director of Consolidation in the judgment is concerned, he does not appear to have decided anything against the petitioner on merits but the appended chart, which forms part of the judgment, shows that his plots have been taken away. He is actually aggrieved by the said chart appended to the order of the Deputy Director of Consolidation. 3. In spite of service of the notice of the writ petition on the respondents, no counter affidavit has been filed as yet. There is nothing on the record on the basis of which the facts stated in paragraphs 4, 5, and 8 of the writ petition can be controverted. The Court is left with no option except to believe the statement of facts made therein. 4. The order of the Deputy Director of Consolidation has been passed in violation of the principles of natural justice inasmuch as Janardan Rai did not impleaded the petitioner as a party in the Revision nor he was heard and without hearing him an order has been passed against him which is not permissible in law. 5. In the result, the writ petition is allowed and the order dated 23-8-1974 passed by the Deputy Director of Consolidation is quashed. The case is sent back to the Deputy Director of Consolidation to dispose of the Revision within six months of the presentation of a certified copy of this order before him after hearing the petitioner. There is no order as to costs.