Allahabad High Court
Gaya Deen vs Deputy Director Of ... on 16 August, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:54181
Court No. - 18
Case :- WRIT - B No. - 6917 of 2016
Petitioner :- Gaya Deen
Respondent :- Deputy Director Of Consolidation/A.D.M. Pratapgarh And Others
Counsel for Petitioner :- Nagendra Bahadur Singh
Counsel for Respondent :- C.S.C.,O.P. Yadav,Ram Kumar Singh,Salik Ram Tiwari
Hon'ble Saurabh Lavania,J.
(IA No. 4 of 2022 in re: Application for Correction)
1. This is an application for correction.
2. Case called out. No one appeared on behalf of the petitioner.
3. Shri Salik Ram Tiwari, learned counsel for the respondent is present to press the application.
4. By the order dated 01.04.2016, in issue, the Writ Petition No. 6917 (Consolidation) of 2016 (Gaya Deen Vs. Deputy Director Of Consolidation/A.D.M. Pratapgarh & Others) was dismissed with the direction to opposite party no.3/Assistant Consolidation Officer, Sarai Maghai, District Pratapgarh to decide the matter afresh. The relevant portion of the order is as under:
"For the foregoing reasons, the writ petition is dismissed with a direction to opposite party no.3/Assistant Consolidation Officer, Sarai Maghai, District Pratapgarh to decide the matter in accordance with law, expeditiously, say, within a period of one year from today after giving opportunity of hearing to the parties concerned to lead the documentary and oral evidence in support of their case.
For a period of one year or till the decision taken by opposite party no.3, whichever is earlier, parties are directed to maintain status quo, as exits today, in respect of land in dispute."
5. The correction has been sought with regard to the authority who has to decide the case, in issue, as the same was decided vide order dated 23.11.1970 by Consolidation Officer concerned and vide order dated 30.06.2010 passed by Settlement Officer Consolidation, Pratapgarh, the order dated 23.11.1970 was set aside and the matter was remanded back for decision afresh and this order was affirmed by the order dated 27.10.2016 passed by Deputy Direction Of Consolidation/A.D.M. Pratapgarh and these orders were assailed, as appears from the prayer clause of the writ petition before this Court, and after considering the nature of the orders impugned as also the judgment in the case of Kanhaiya Lal Tiwari vs. Central Administration Tribunal reported in 2010 (28) LCD 283 and State of West Bengal vs. A. K. Shaw reported in (AIR 1990 SC 2205, this Court dismissed the petition with direction, as indicated above.
6. Considering the aforesaid, this Court is of the view that Consolidation Officer has to decide the case as by the order dated 30.06.2010, the Settlement Officer Consolidation, Pratapgarh set aside the order of Consolidation Officer dated 23.11.1970 and remanded the matter back to decide the same afresh.
7. Considering the aforesaid, the order dated 01.04.2016 passed by this Court is modified to the extent that in the order dated 01.04.2016, the expression "opposite party no.3/Assistant Consolidation Officer, Sarai Maghai, District Pratapgarh" be read as "Consolidation Officer, Sadar, Pratapgarh".
8. Correction application is accordingly allowed to above extent.
9. Remaining portion of the order dated 01.04.2016 shall remain intact.
Order Date :- 16.8.2023
Mohit Singh/-
..............................................(Saurabh Lavania,J.)
