Janardan Singh vs D.D.C. And 3 Ors.
2014 Latest Caselaw 4123 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 
Case :- WRIT - B No. - 40171 of 2014
 
Petitioner :- Janardan Singh
 
Respondent :- D.D.C. And 3 Ors.
 
Counsel for Petitioner :- Punit Kumar Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Shri Punit Kumar Gupta, learned counsel for the petitioner and learned standing counsel for the State-Respondents. 

Counsel for the petitioner submits that he is likely to be dispossessed from his chak on the basis of the order passed by the Consolidation Officer, Banda. This order was challenged by the petitioner by means of an appeal which was belated. The delay in filing the appeal was condoned.

This appellate order condoning the delay was challenged by means of a revision under section 48 of the UP Consolidation of Holdings Act by the contesting respondent and the appellate court record was summoned and was sent to the Court of the Deputy Director of Consolidation, Banda (the DDC), where the revision is pending. It is further stated that the Court of DDC is lying vacant and therefore the petitioner has been  rendered remediless,. He can neither approach the Settlement Officer, Consolidation for interim protection as the file is not available in that court and remedy before the DDC is also not available as the Court itself is lying vacant and in the interim period, he is facing dispossession. 

In view of the facts noted above, this writ petition is disposed of granting liberty to the petitioner to file appropriate application before the Distt. Deputy Director of Consolidation, Banda, who shall after considering the case on merits determine as to whether or not the petitioner is entitled to any interim order. In case this application is filed within one week from today, the Distt. Deputy Director of Consolidation shall pass appropriate orders thereon in accordance with law within one week thereafter.

Order Date :- 7.8.2014

SKS