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BRAHM GIRI versus DY. DIRECTOR OF CONSOLIDATION, BULANDSHAHAR & OTHERS

High Court of Judicature at Allahabad

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Brahm Giri v. Dy. Director Of Consolidation, Bulandshahar & Others - WRIT - B No. 19827 of 2007 [2007] RD-AH 7736 (26 April 2007)

 

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.5

Civil Misc. Writ Petition No. 19827 of 2007

Brahm Giri      ......... Petitioner

Versus

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.

Dt. 26.4.2007

sn


Copyright

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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