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DINESH PATHAK
Vinay Kumar Khandelwal – Appellant
Versus
Consolidation Officer-II – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Virendra Singh
For the Respondent: Sher Bahadur Singh

JUDGMENT :

1. Heard learned counsel for the petitioner, learned Standing Counsel representing respondents No. 1, 2 & 5 and learned counsel for respondents No. 3 & 4.

2. Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 27.01.2021 passed by the Consolidation Officer in pursuance of the order dated 09.10.2020 passed by the Settlement Officer of Consolidation.

3. Precise case of the petitioner is that Consolidation Officer has passed an ex-parte order dated 27.01.2021 sans opportunity of hearing accorded to the recorded tenure holder (petitioner).

4. It is submitted that against the order dated 18.07.2021 passed by the Consolidation Officer, several appeals were preferred on behalf of the Gaon Sabha. All the appeals were decided by a common ex parte order dated 09.10.2020 passed by the Settlement Officer of Consolidation and the matter was remitted before the Consolidation Officer to decide the same afresh after affording opportunity of hearing to the parties. After remand, Consolidation Officer has passed fresh order dated 27.01.2021 that too sans opportunity of hearing accorded to the petitioner i

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