Citation : 2014 Latest Caselaw 3987 ALL
Judgement Date : 4 August, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - B No. - 39840 of 2014 Petitioner :- Gokaran Respondent :- D.D.C. And Another Counsel for Petitioner :- Prabhakar Singh,H.M.B. Sinha Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J.
Heard Sri Prabhakar Singh, learned counsel for the petitioner and Sri H.M.B. Sinha, who has filed caveat on behalf of respondent no. 2.
It has been contended by the counsel for the petitioner that the Deputy Director of Consolidation has recorded in the impugned order that the earlier restoration application had been dismissed on merits after hearing the parties. He has yet proceeded to pass orders which amounts to reviewing the earlier orders, which power he does not possess under the Act.
The matter requires consideration.
The counsel for respondent no. 2 prays and is granted three weeks' time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit.
Until further orders of this Court, the effect and operation of the impugned order dated 3.7.2014 passed by the Deputy Director of Consolidation, Bareily (Respondent no. 1) shall remain stayed.
Order Date :- 4.8.2014
SKS
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