Brijesh And 2 Others vs Deputy Director Of Consolidation ...
2023 Latest Caselaw 24194 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:175370
 
Court No. - 48
 

 
Case :- WRIT - B No. - 3121 of 2023
 

 
Petitioner :- Brijesh And 2 Others
 
Respondent :- Deputy Director Of Consolidation And 5 Others
 
Counsel for Petitioner :- Raj Karan Yadav,Yadvendra Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Aqeel Ahmad,Rameshwar Prasad Shukla
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Yadvendra Kumar Yadav, learned counsel for petitioners and Sri A.P.Singh for contesting respondents.

Learned counsel for petitioners submits that restoration application was allowed by the Deputy Director of Consolidation which is in the teeth of the judgment passed by Full Bench of this Court in Smt. Shivraji & Ors. Vs. Deputy Director of Consolidation, Allahabad & Ors, (1997) 88 RD 562.

Learned counsel appearing on behalf of contesting respondents submits that he has filed a restoration application as the matter was decided ex-parte and it was verified from the order sheet that contesting respondents were not present. However, he fairly submits that Deputy Director of Consolidation has not considered the effect of above referred judgment in Smt. Shivraji (supra).

In view of the above, impugned order dated 11.8.2023 passed on restoration application is set-aside and the matter is remitted to Deputy Director of Consolidation, Azamgarh to decide the restoration application afresh after taking note of aforesaid judgment passed inSmt. Shivraji (supra).

Aforesaid proceedings shall be concluded within a period of two months from today.

With the aforesaid direction, this writ petition is disposed of.

Order Date :- 6.9.2023

SB