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VIRENDRA KUMAR SINGH versus DY. DIRECTOR OF CONSOLIDATION, BALLIA & OTHERS

High Court of Judicature at Allahabad

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Virendra Kumar Singh v. Dy. Director Of Consolidation, Ballia & Others - WRIT - B No. 22955 of 2006 [2006] RD-AH 9014 (4 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

court no.28

Civil Misc. Writ Petition No. 22955 of 2006

Virendra Kumar Singh Vs. D.D.C.& ors.

Hon'ble Krishna Murari, J.

Heard learned counsel for the parties.

The order dated 28.2.2006 passed by Deputy Director of Consolidation, Ballia has been challenged by the petitioner mainly on the ground that it has been passed against a dead person and as such is null and void.

Sri Awadhesh Tiwari appearing for the contesting respondent no.3 concedes that Chandrika Singh father of the petitioner who was a party in the revision before the Deputy Director of Consolidation, Ballia died during the pendency of the revision  and   the impugned order dated 28.2.2006 has been passed without substituting his heirs in the proceeding.

It is thus clear that impugned order has been passed against a dead person and is nullity in the eyes of law.

For the aforesaid reasons, the order dated 28.2.2006 cannot be sustained and is hereby quashed. The writ petition stands allowed.

The case is remanded back to the Deputy Director of Consolidation, Ballia to hear and decide the revision afresh, after substitution of the heirs of deceased Chandrika Singh, in accordance with law and after giving opportunity of hearing to all concerned.

Dt. 4.5.2006


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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