1981 INSC 0130
                                                  Manazir Hussain

                                                           Vs

                               Deputy Directors Consolidation, U. P. and Others

                                          Civil Appeal No. 798 of 1981

                                        (P.N. Bhagwati, Baharul Islam JJ)

                                                      25.02.1981

                                                     JUDGMENT

1. Special leave granted.

2. It appears from the order of the Deputy Director (Consolidation) that he has not considered the
question in regard to khatas Nos. 135 and 356 on merit and he has set aside the order of the
Assistant Settlement Officer (Consolidation) without proper consideration of the matter. We would,
therefore, set aside the order passed by the High Court as also the order of the Deputy Director
(Consolidation) insofar as these orders relate to khatas Nos. 135 and 356 and remand the case to the
Deputy Director (Consolidation) so that he may consider the revision application of respondent 4 to
11 in regard to khatas Nos. 135 and 356 and dispose it of on merits after considering the oral and
documentary evidence in regard to these two khatas, Since the case is an old one we direct the
Deputy Director (Consolidation) to dispose of the case as early as possible and in any event not later
than the expiration of two months from today.

3. The parties will appear before the Deputy Director (Consolidation) at 11 a. m. on March 9, 1981
for further directions in regard to the hearing of the case.

4. Status quo as on today will be maintained until the disposal of the case by the Deputy Director
(Consolidation).

5. There will be no order as to costs.

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