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Amil Singh v. Dy. Director Of Consolidation, Fatehpur & Others - WRIT - B No. 22402 of 2006  RD-AH 9277 (10 May 2006)
Civil Misc. Writ Petition No.22402 of 2006
Amil Singh Vs. Deputy Director of Consolidation, Fatehpur and others
This writ petition is directed against order dated 15.9.2005 passed by Deputy Director of Consolidation, Allahabad camp Fatehpur in Revision No.1129.
Through the impugned order chaks of Jhallar and petitioner has been exchanged and it have been mentioned that petitioner has got no objection to the said exchange. It was also noted by Deputy Director of Consolidation that petitioner who was respondent before him stated that before the Consolidation Officer and Settlement Officer Consolidation also he had not made any request for re-orientation of his chak. The judgment has been passed by the D.D.C. on the consent of the petitioner. Learned counsel for the petitioner states that petitioner never gave any such consent as is mentioned in the order of D.D.C. If it is so then the petitioner is at liberty to file an application before D.D.C. stating therein that he never consented for allowing the revision and it was wrongly mentioned in the judgment that he consented for the same. If the D.D.C. is satisfied that consent was not given by the petitioner then order dated 15.9.2005 must be set aside by him and revision shall be decided on merit after hearing all the parties concerned.
This direction has been issued for the reason that if in the judgment of a court it is mentioned that something happened in the court then the said statement cannot be challenged before the higher court. The only remedy available to the affected party is to file an application before that very court.
Writ petition is disposed of with the above observations.
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