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Brahm Giri v. Dy. Director Of Consolidation, Bulandshahar & Others - WRIT - B No. 19827 of 2007  RD-AH 7736 (26 April 2007)
Civil Misc. Writ Petition No. 19827 of 2007
Brahm Giri ......... Petitioner
Deputy Director of Consolidation,
Bulandshahar and others .............. Respondents
Hon'ble Janardan Sahai, J
Supplementary affidavit filed today be taken on record. The petitioner is aggrieved by the order of the Deputy Director of Consolidation dated 23.3.2007 by which his chak has been affected. It is submitted by the petitioner's counsel placing reliance upon the averments made in the supplementary affidavit that neither the petitioner was impleaded as opposite party nor any notice was issued or served upon him nor did the petitioner appear before the Deputy Director of Consolidation and the order is wholly exparte. It is not necessary to express any opinion upon the petitioner's case upon this point as the petitioner has alternative remedy of filing an application for setting aside the order of the Deputy Director of Consolidation on the ground of want of opportunity. It is for the Deputy Director of Consolidation to examine the mater and take a decision in accordance with law. In case any stay application is filed by the petitioner, the Deputy Director of Consolidation shall also dispose of the stay application. Sri Vishnu Sahai learned counsel for the petitioner submitted that the petitioner will file a restoration application and the stay application before the Deputy Director of Consolidation within a period three weeks form today. It is apprehended that the order impugned may be given effect even before consideration of the stay application by the Deputy Director of Consolidation. It is therefore provided that in case the Restoration application along with stay application is filed within three weeks from today the parties shall maintain status quo until orders are passed on the stay application. The Deputy Director of Consolidation will dispose of the stay application in accordance with law, uninfluenced by this order.
With the aforesaid direction, this petition is disposed of.
Let a certified copy of this order be supplied to the counsel for the petitioner on payment of usual charges within 24 hours.
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