Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.1271 of 2002 Kadam Singh ………. Petitioner Versus Deputy Director of Consolidation, Haridwar and others. ……… Respondents ……………….. Sri M.S.Tyagi, learned counsel for the petitioner. Date: August 29, 2008. Hon’ble P.C.Verma,J. By means of this petition the petitioner has challenged the order dated 07.11.2002 passed by respondentNo.1/DeputyDirctor, Consolidation, Haridwar in Revision No.676 of 2001-200, Kadam Singh versus Kanwar Singh and others. 2. The revision was filed before the Deputy Director of Consolidation against the order dated 14.05.2002 passed by Assistant Settlement Officer, Consolidation by which Chak No.53 of the petitioner was disturbed. The Settlement Officer, Consolidation allotted a hawai chak to the petitioner on the land of low fertility, comprising of Khasra No.118, 119 & 117/4 by which the petitioner is not satisfied. In the revision the Deputy Director, Consolidation passed order in respect of chak No.53 of the petitioner splitting up it into two parts far away from one another. One portion was allotted on Khasra No.118, 119 which are not the original holding of 2 the petitioner. The revisional court while passing the impugned judgment and order did not take into account the plea taken by the petitioner in the grounds of revision. 3. I have perused the impugned order passed in the revision. The Deputy Director of Consolidation recorded finding that both the chaks are on the original holding of the petitioner which is contradictory to the grounds taken in the revision by the petitioner. Hence the matter is liable to be remitted to the revisional court for decision afresh after giving opportunity to the parties for hearing. 4. The writ petition is allowed. The impugned order passed in revision is set aside. The matter is remanded back to the Deputy Director of Consolidation for deciding the revision afresh on the point of allotment of chaks on the original holdings of the petitioner after giving opportunity to the parties for hearing. (P.C.Verma,J.) 29.08.2008 P.Singh