Mungiya And Another vs Deputy Director Of Consolidation ...
2021 Latest Caselaw 4691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - B No. - 323 of 2021
 
Petitioner :- Mungiya And Another
 
Respondent :- Deputy Director Of Consolidation And 8 Others
 
Counsel for Petitioner :- Ashok Kumar Chaubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Heard Sri Santosh Kumar Jaiswal, learned counsel holding brief of Sri Ashok Kumar Chaubey, learned counsel for the petitioners, Sri Sanjay Singh Sengar learned counsel for the respondent no. 6 and learned Standing Counsel for the State respondents.

By the impugned order dated 26.02.2020 passed by the Deputy Director of Consolidation the challenge to the order dated 30.12.2017 passed by the appellate authority has been invalidated. The revising court/Deputy Director of Consolidation has held that the controversy stands adjudicated interse the parties by a judgment rendered by this Court on 05.02.2019 in Writ-B No. 247 of 2019 (Arjun and 2 others Vs Deputy Director of Consolidation and 8 others). It is common ground between the parties that the order dated 30.12.2017 passed by the appellate authority as well as the order dated 12.12.2018 passed by the revising court affirming the aforesaid order has been upheld by this Court in the judgment rendered by this Court in Writ-B No. 247 of 2019 (Arjun and 2 others Vs Deputy Director of Consolidation and 8 others).

Sri Santosh Kumar Jaiswal, learned counsel holding brief of Sri Ashok Kumar Chaubey, learned counsel for the petitioners contends that the petitioners were not heard by this Court when the judgment was rendered in Writ-B No. 247 of 2019 (Arjun and 2 others Vs Deputy Director of Consolidation and 8 others). This claim on behalf of the petitioners is belied by the following finding rendered in the judgment dated 05.02.2019;

"Counsel appearing for the respondents has supported the impugned order."

Once the petitioners have supported the order of the appellate authority dated 30.12.2017 before this Court, they cannot be permitted to resile from their stand and challenge the said order in revision before the Deputy Director of Consolidation.

In the wake of aforesaid findings, the writ petition is devoid of merits and is dismissed.

Faced with this, Sri Santosh Kumar Jaiswal, learned counsel for the petitioners seeks leave to file an application for review of the order dated 05.02.2019 passed by this Court.

It is always open to the petitioners to take recourse to remedies as provided by law.

Order Date :- 25.3.2021

Pravin