Ram Charan vs Deputy Director Of Consolidation ...
2023 Latest Caselaw 7852 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1270 of 2023
 

 
Petitioner :- Ram Charan
 
Respondent :- Deputy Director Of Consolidation Gonda And Others
 
Counsel for Petitioner :- Anand Pal Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned State counsel representing the respondent No. 1.

In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.

By means of this petition, the petitioner seeks expeditious disposal of recall/correction application No. 267 filed against the order dated 24.12.2005 passed in Revision No. 704/237 (Ram Charan vs. Asharfi Lal & others), under Section 48 of Consolidation of Holdings Act, 1953 (in short "Act of 1953") pending before the respondent No. 1/Deputy Director of Consolidation, Gonda.

The submission of learned counsel for the petitioner is that the revision filed by the petitioner No. 704/237 (Ram Charan vs. Asharfi Lal & others), under Section 48 of the Act of 1953 was finally decided on 24.12.2005 and thereafter, an application for recall/correction against the order dated 24.12.2005 was preferred on 09.02.2018 against which the side opposite have filed an objection, however, till date the same has not been disposed of.

At this stage, Sri Hemant Kumar Pandey, learned State counsel says that the application for recall/correction of a final order dated 24.12.2005 itself is not maintainable in view of law laid down by this Court in the judgment dated 24.01.2019 passed in Writ-B No. 89 of 2019 (Harihar and others vs. Chief Revenue Officer and others), as such, in the facts of the case, no direction is required for early disposal of the pending application.

Be that as it may, the application for recall/correction is pending and that has to be disposed of strictly in view of law on the issue including the law laid down by this Court. Accordingly, this Court is of the view that a direction be issued to the Authority concerned to decide the pending application for recall/correction within the specified time. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the recall/correction application No. 267 filed against the order dated 24.12.2005 passed in Revision No. 704/237 (Ram Charan vs. Asharfi Lal & others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the date a certified copy of this order is placed before the Authority concerned, if possible and if there is no other legal impediment in this regard.

It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 17.3.2023

Arun/-