Niranjan Singh v. Deputy Director of Consolidation, Haridwar & three
2003-12-11
P.C.VERMA
body2003
DigiLaw.ai
JUDGMENT Hon'ble P.C. Verma, J.-Heard Sri Arvind Vashishtha, learned counsel for the petitioner and Sri Rajendra Singh, learned counsel for the respondent. 2. This writ petition is directed against the judgment and order dated 03.11.2001 passed by the Deputy Director of Consolidation, Haridwar in Consolidation Revision No. 368 of 2001. 3. Revision was filed against the judgment and order dated 28.06.1997 passed by the Settlement Officer, Consolidation, Roorkee deciding the appeal No. 642/1977 and other four connected appeals on the basis of compromise verified by Settlement Officer Consolidation. 4. The learned Deputy Director of Consolidation found that the compromise was not verified, therefore the compromise could have not been based for the decision. The compromise deed bears no thumb impression and was not verified. While setting-aside the order dated 28.06.1997, the learned Deputy Director of Consolidation, Haridwar has confirmed the order passed by the Consoidation Officer, Roorkee against which the appeal before the Settlement Officer Consolidation was filed. S. The learned Deputy Director of Consolidation has committed an error of law in upholding the order passed by Consolidaiton Officer, Roorkee. 6. Therefore, order passed by the Deputy Director of Consolidation, Haridwar cannot be sustained and is hereby set-aside. Settlement Officer, Consolidation, Roorkee is directed to decide the appeal on merit within a period of two months, from the date of production of certified copy of this order ignoring the compromise which has been disbelieved by the learned Deputy Director of Consolidation.