CWP No.796 of 2007. 7.11.2008 Present: Mr. Subhash Sharma, Advocate for the petitioner. Mr. Rajinder Kishore Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for respondent No.1. Mr. Neel Kamal, Sharma, Advocate for respondents No.2 and 3. On the previous date of hearing the entire record was perused by the Court with the assistance of learned Senior Additional Advocate General. It is not disputed by the parties that the petitioner was not heard at any stage when the consolidation proceedings commenced and culminated in the respective mohal. The bare perusal of the Act suggests that the parties have to be afforded opportunity of hearing at every stage as stipulated. Since the petitioner has not been heard at any stage, certainly prejudice is caused to him. In view of this the learned Senior Additional Advocate General suggests that the matter can now be resolved if it is remanded back to the Settlement Officer, Hamirpur to decide the matter afresh after visiting the spot. Consequently, the impugned order dated 8.2.2007 (Annexure P-5) passed by the Director, Consolidation, Himachal Pradesh is quashed and set aside. The Settlement Officer, Hamirpur is directed to decide the issue raised by the petitioner by way of this petition as per the provisions of H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 afresh by visiting the spot personally. The Settlement Officer, Hamirpur while deciding the case shall take into consideration, if necessary, Section 46 of the Act to do complete justice between the parties. The Settlement Officer while deciding the matter shall take into consideration that the petitioner and the private respondent No.1 are real brothers. The parties are directed to make themselves available before the Settlement Officer, Hamirpur on 18.11.2008. In view of the observations made hereinabove, the writ petition is disposed of. No costs. November 7, 2008. (Rajiv Sharma), J. (sck)