Ramakant And 2 Ors. vs State Of U.P. And 2 Ors.
2014 Latest Caselaw 3927 ALL

Citation : 2014 Latest Caselaw 3927 ALL
Judgement Date : 1 August, 2014

Allahabad High Court

Ramakant And 2 Ors. vs State Of U.P. And 2 Ors. on 1 August, 2014

Bench: Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 
Case :- WRIT - B No. - 37901 of 2014
 
Petitioner :- Ramakant And 2 Ors.
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- D.K. Pandey
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Anjani Kumar Mishra,J.

Supplementary affidavit filed today is taken on record.

The petitioner has filed this writ petition seeking a writ of mandamus commanding the respondents to record their names in the revenue record in pursuance to the order alleged to have been passed by the Consolidation Officer on 29.5.1989. A certified copy of this order has been annexed with the supplementary affidavit as SA-1, which has been filed today in response to a pointed query raised by this court as to whether the order of the Consolidation Officer has attained finality or not.

The counsel for the petitioner has referred to the following averments made in para-4 of the supplementary affidavit filed today in court.

"That the order of Consolidation Officer dated 29.5.1989 is still holding good and no any restoration or review application is pending against the aforesaid order".

There is no averment in the supplementary affidavit as also in the writ petition to the effect that the order of the Consolidation Officer has not been appealed against even though it is statutory remedy. In such circumstances, it is not appropriate to issue any mandamus at this stage.

However, the learned standing counsel is directed to file counter affidavit within 4 weeks. The petitioner will have two weeks thereafter to file rejoinder affidavit.

List immediately after expiry of the aforesaid period.

Order Date :- 1.8.2014

SKS