The court upheld the necessity of procedural fairness in consolidation proceedings, emphasizing that all parties must be afforded the opportunity to present their case and evidence.

JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Adya Prasad Tewari and Mr. Sanjay Srivastava, learned Counsel for the petitioners, Mr Rakesh Pande, learned Senior Counsel assisted by Mr. Arun Kumar Singh, learned Counsel for respondent No.3 and Mr. Shashi Kant Kushwaha, learned Standing Counsel for the State.

2. Brief facts of the case are that recorded tenure holders had executed a Sale-deed in favour of Subhash Chandra Khandelwal and Saroj Agrawal in respect to plot No-48/10, 59 M, 60 M situated at Village-Dibdiba, Tehsil-Bilaspur, District-Rampur. On the basis of aforementioned sale-deed name of Subhash Chandra Khandelwal and Saroj Agrawal were recorded under Section-12 of U.P. Consolidation of Holdings Act 1953, (hereinafter referred to as U.P.C.H. Act). Saroj Agrawal later on executed a sale-dead in favour of respondent No.3/ Surendra Singh @ Surendra Singh Grover. Subhash Chandra Khandelwal had executed a sale-deed on12.4.2005 in favour of petitioner No 3. On the basis of aforementioned sale-deed dated 12.4.2005 name of petitioner No.3 was recorded in the revenue record and he further executed sale deed on 30.1.2017 in favour of petitioner Nos. 1 & 2 accordingly name of petitioner Nos. 1 & 2 was recorded in the revenue record vide order dated 23.3.2017 passed by Assistant Consolidation Officer in Case No-118/2016-2017 under Section 12 of U.P.C.H. Act. Respondent No. 3 filed a revision under Section 48 of U.P.C.H.Act against the order of Assistant Consolidation Officer dated 23.3.2017 which was registered as Case No-0139 of 2023 Computerized Case No-202354135900000139 before Deputy Director of Consolidation, Rampur/respondent No-2. The aforementioned revision was heard & allowed vide impugned order dated 7.12.2023 setting aside the order dated 23.3.2017 and remanded the matter back before Consolidation Officer to decide the proceeding under Section-12 of U.P.C.H. Act afresh after affording proper opportunity of hearing to the parties in accordance with law hence this writ petition on behalf of petitioner for following relief:

"(1) Issue a writ order or direction in the nature of certiorari quashing the order dated 7.12.2023 passed by Deputy Director of Consolidation, District-Rampur, in Revison no. 0139 of 2023 Surendra Singh v. Prem Lal Mittha and 2 others' u/s 48(1) of Uttar Pradesh Consolidation of Holdings Act, 1953 contained in the Annexure no. 1 to this writ petition.

(2). Issue a writ order or direction in the nature mandamus directing the respondents not to interfere in the peaceful possession of the petitioners over chak no. 137 gata no 48/10M/0.733 hectare and chak no. 236 gata no. 48/10M 0.164H, 59M/0.013 and 60M/0.102 total 3 plots area 0.279 H entire area 1.012 hectare situated in VillageDibdiba,Tehsil Bilaspur, District-Rampur."

3. Learned counsel for the petitioner submitted that unless the sale-deed executed on 30.1.2017 is challenged or cancelled in accordance with law the order dated 23.3.2017 passed under Section-12 of U.P.C.H. Act cannot be challenged or set aside by Deputy Director of Consolidation under Section-48 of U.P.C.H. Act and remand made to the Court of Consolidation Officer is abuse of process of law. He further submitted that respondent No.3 has no locus to challenge the order dated 23.3.2017 passed under Section 12 of U.P.C.H.Act, as petitioner No. 1 &2 are vendees of petitioner No. 3. but revisional Court has failed to examine the issue in proper manner, as such the impugned revisional order dated 7.12.2023 is wholly illegal. He further submitted that nature of the land has been changed in view of the order dated 28.4.2017 passed by Settlement Officer of Consolidation under Section 5(c) of U.P.C.H. Act as such remand order passed by Deputy Director of Consolidation to decide the proceeding under section-12 of U.P.CH. Act afresh is abuse of process of law. He submitted that impugned order dated 7.12.2023 is liable to be set aside & order of Assistant Consolidation Officer dated 23.3.2017 be affir