Babu Ram And Another vs Dy. Director Consolidation, ...
2023 Latest Caselaw 24872 ALL

Citation : 2023 Latest Caselaw 24872 ALL
Judgement Date : 14 September, 2023

Allahabad High Court

Babu Ram And Another vs Dy. Director Consolidation, ... on 14 September, 2023

Bench: Saurabh Lavania





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59018
 
Court No. - 18
 
Case :- MATTERS UNDER ARTICLE 227 No. - 4569 of 2023
 
Petitioner :- Babu Ram And Another
 
Respondent :- Dy. Director Consolidation, Hardoi And 7 Others
 
Counsel for Petitioner :- Shesh Narain Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard.

In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.

The present petition has been filed for the following main relief:-

"(a) To issue order or direction to ensure the expedite disposal of Restoration application for moved by the petitioner against the ex-party order dated 06-04-2017, passed in reference no. 41 u/s 48(3) of U.P.C.H. Act, Babu Ram and Others Versus Brijkant and Others, which is pending since 27-07-2017, in case of plot owner 301 and in case of State Ram Pal & Others, pending from 27-07-2017, before Court by Dy. Director of Consolidation, Hardoi as Annexure No. 1."

It appears from the averments made in the present petition that petitioners preferred an application dated 27.07.2017 for recall of order dated 06.07.2017, which as per the petitioner is an ex-parte order, alongwith application seeking condonation of delay.

At this stage, learned State Counsel stated that application for condonation of delay should be decided first as per law laid down by the Division Bench of this Court passed in the case of Ram Prakash Versus Deputy Director of Consolidation, Hardoi and Others (Consolidation No. 6574 of 2016). reported in 2022 SCC OnLine All 107.

Taking note of period of pendency of application(s), indicated above, since July 2017, this Court directs the respondent no. 1/ Deputy Director of Consolidation, District Hardoi, to decide the applications expeditiously say within a period two months, strictly in accordance with law. The respondent no.1 is expected to consider the judgment referred above while deciding the applications in issue.

With the aforesaid, the petition is disposed of.

Order Date :- 14.9.2023

Jyoti/-