Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) 3905/2001 (Old No. 7278 of 1998) Shri Devi Singh ………………… Petitioner Versus Deputy Director of Consolidation, Bijnor, Camp at Roorkee, District Hardwar and others. …………….. Respondents …………………. Sri Rajendra Dobhal, learned counsel for the petitioner. Sri M.S.Tyagi, learned counsel for the respondent Nos. 5, 6 & 7. Sri Pankaj Miglani, learned counsel for the respondent Nos. 9 to 13. Date: Aug. 06,2008. Hon’ble P.C.Verma,J. This petition has been filed by the petitioner seeking writ of certiorari quashing the impugned order dated 23.01.1998 passed by respondent No.1 in reference No.332 under Section 48(3) of the Consolidation of Holdings Act, contained in annexure No. 13 to the writ petition, by which the reference moved by the lower court on the application of Raseed Ahmad and others dated 17.6.1997 has been accepted. 2. Learned counsel for the petitioner submitted that in the consolidation proceeding the petitioner was allotted chak No. 109 on 09.08.1993 on the basis of an alleged Samjhauta amongst the parties. As per the said order of Assistant Consolidation Officer, the petitioner was given 0.161 hectares of agricultural land out of Khasra plot No. 118/2-M situated in the Village-Bhaunri Mustehkam. Being aggrieved by the alleged order dated 09.08.1993, the petitioner approached to the Consolidation officer and orally pressed his objections. While disposing of the objection of the petitioner the Consolidation Officer observed that as the Assistant Consolidation Officer has passed his order under Section 9-A (2) of the Consolidation of Holdings Act, the objector may prefer an appeal against the said order as he cannot take any action in the matter against the said order. As per the direction of the Consolidation Officer dated 12.10.1993 the petitioner preferred Appeal before the Assistant Settlement Officer, Consolidation Roorkee and the said appeal is still pending before the Settlement Officer Consolidation, Roorkee. 3. The learned counsel for the parties have no objection to dispose of the writ petition with the direction to the appellate authority to decide the appeal within a shortest period. 4. Therefore, the Assistant Settlement Officer, Consolidation, Roorkee, District Haridwar is directed to decide the Appeal No.102/1996-97, Devi Singh versus Basheer and others within a period of two months from the date of production of certified copy of this order. 5. Accordingly, the writ petition is disposed of finally. (P.C.Verma,J.) 06.08.2008 P.Singh